'',   ! 


^.^ 


) 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/constitutionalteOOsheprich 


THE 

CONSTITUTIONAL  TEXT-BOOK: 

A 

PRACTICAL  AND  FAMILIAR   EXPOSITION 

OP 

THE  CONSTITUTION  OF  THE  UNITED  STATES, 

AND 

OF   POBTIOXS  OP  THE  PUBLIC  AND  ADM1NI8TRATITE  LAW  OF  THE 
FEDERAL  ttOVEKNMEKT. 

DESIGNED   CHIEFLY  FOB  THB 

USE  OF  SCHOOLS,  ACADEITIES,  AND  COLLEGES. 
BY 

FUEMAX  SHEPPARD. 


"It  is  of  infinite  moment  that  you  should  properly  estimate  the  immense  value  of  yousr 
National  Union  to  your  collective  and  individual  happiness :  that  you  should  cherish  a 
cordial,  habitual,  and  immovable  attachment  to  it:  accustoming  yourselves  to  think  and 
speak  of  it  as  of  the  palladium  of  your  political  safety  and  prosperity." 

Washington's  Farewell  Address  to  the  People  of  the  United  StaiM, 


PHILADELPHIA: 

SOWER,  BARNES  &  POTTS. 

87  NoETH  Third  Steehx. 


Entered  according  to  Act  of  Congress,  in  the  year  1S55,  by 

FUR  MAN   SIIEPPARD, 

in  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Eastern 
District  of  Pennsylvania. 


COLLINS,  FRINTSR,  70S  JATNE  STREET. 

EDUCATION  DBPT. 


PREFACE, 


Professional  treatises  and  judicial  decisions  nust  doubt- 
less continue  to  be  our  chief  original  sources  of  consti- 
tutional exposition ;  yet,  after  all,  it  is  from  that  humbler 
class  of  books  in  which  the  results  of  the  learned  investi- 
gations of  jurists  and  statesmen  are  embodied  in  a  cheap, 
plain,  and  popular  form,  that  the  great  mass  of  the  com- 
munity derive  their  information  concerning  our  political 
institutions.  Judge  Story  was  himself  sensible  of  this, 
when  he  condensed  the  substance  of  his  extensive  com- 
mentaries into  a  small  volume  "designed  for  the  use  of 
school  libraries  and  general  readers."  It  is  an  important 
addition,  however,  to  the  usefulness  of  such  a  manual,  that 
it  should  pass  beyond  a  formal  disquisition  upon  the  mere 
text  of  the  Constitution,  and  enter  into  the  practical  admi- 
nistrative details  and  the  public  law  of  the  government,  so 
as  to  exhibit  to  some  extent  its  actual  workings.  An 
acquaintance  with  the  machinery  by  which  the  Constitution 
is  applied  and  enforced,  is  no  less  important  than  an 
understanding  of  the  written  instrument. 

Our  object  has  accordingly  been,  not  only  to  present  in 
familiar  language  a  brief  outline  of  the  generally-received 
interpretation  of  each  clause,  but  to  illustrate  it  by  a  refer- 
ence to  such  facts  and  to  such  legislation  by  Congress  as 

fvi69920 


4  PREFACE. 

seemed  necessary  to  its  proper  elucidation.  Long  trains 
of  reasoning  and  abstract  discourses  upon  political  topics 
have  been  studiously  avoided,  as  interfering  with  our  plan. 
Principles  have  been  stated  briefly,  and  sometimes  in  the 
very  language  of  judicial  decisions,  legal  treatises,  or  pub- 
lic documents.  There  is  no  attempt  to  decide  unsettled 
questions,  or  to  deal  with  disputed  points  in  the  manner  of 
a  controversialist  or  a  partisan. 

The  sole  aim  of  the  author  has  been  to  furnish  an  ele- 
mentary manual  of  the  Constitution,  which  might  possibly 
be  instrumental  in  extending  a  knowledge  of  its  meaning, 
and  consequently  of  increasing  our  attachment  to  it  as  the 
great  charter  of  our  national  renown. 


TABLE   OF  CONTENTS. 


CHAPTER  I. 


FAOI 


The  Dlscoyerj  and  Settlement  of  the  Colonies  of  North  America..    7 

CHAPTER  II. 
The  Articles  of  Confederation 13 

CHAPTER  III. 
The  Adoption  of  the  Constitution 18 

CHAPTER  IV. 
The  Preamble — Distribution  of  legislative  Powers — The  House 
of  Representatives 53 

CHAPTER  V. 
The  Senate .\ 70 

CHAPTER  VI. 
Provisions  applicable  both  to  the  Senate  and  House  of  Repre- 
sentatives....   79 

CHAPTER  VII. 

The  Enactment  of  Laws 92 

1*  6 


TiOU 


6  TABLE   OF   CONTENTS. 

CHAPTER  VIII. 
The  Powers  vested  in  Congress 100 

CHAPTER  IX. 
Restrictions  upon  Congress 141 

CHAPTER  X. 
Restrictions  upon  the  States 147 

CHAPTER  XI. 
The  Executive  Power 155 

CHAPTER  XII. 
The  Executive  Departments 186 

CHAPTER  XIII. 
The  Judicial  Power 206 

CHAPTER  XIV. 
Miscellaneous  Provisions 219 

CHAPTER  XV. 
Mode  of  amending  the    Constitution — Further   miscellaneous 

Provisions 232 

CHAPTER  XVI. 

Articles  in  addition  to,  and  amendment  of,  the  Constitution 241 

Declaration  of  Rights 260 

Declaration  of  Independence 265 

Articles  of  Confederation... 270 

Washington's  Farewell  Address 279 

Questions  for  Examination 295 

Index 314 


THE 


CO^STITUTIOML  TEXT-BOOK. 


chapter'i.  "** 


THE    DISCOVERY     AND     SETTLEMENT     OP    THE    COLONIES     Of 
NORTH  AMERICA. 

§  1.  In  March,  1496,  Henry  the  Seventh,  King  of  Eng- 
land,  commissioned  John  Cabot  and  his  three  sons,  Sebas- 
tian, Lewis,  and  Sanctius,  to  set  forth  on  a  voyage  i)f  dis- 
covery, and  to  conquer  and  occupy  any  lands  not  already 
in  the  possession  of  a  Christian  nation.  Under  this  com- 
mission, Cabot  and  his  son  Sebastian  departed  in  May, 
1497 ;  and,  after  discovering  the  islands  of  Newfoundland 
and  St.  Johns,  sailed  along  the  coast  of  the  mainland 
north  and  south,  and  claimed  for  the  English  king  the 
territory  from  the  Gulf  of  Mexico  to  an  indefinite  extent 
on  the  north,  without,  however,  attempting  either  settle- 
ment or  conquest. 

§  2.  From  this  discovery  by  Cabot,  originated  the  title 
by  which  England  claimed  North  America.  That  title 
depended  upon  the  first  discovery  of  the  continent,  and 
was  called  the  Right  of  Discovery.  It  was  a  principle 
adopted  in  the  practice  of  the  nations  of  Europe,  that  the 
first  discovery  of  unknown  countries  gave  to  the  govern- 

7 


8  CONSTITUTIONAL   TEXT-BOOK. 

ment,  whose  subjects  had  made  the  discovery,  a  title  to  the 
possession  of  such  newlj-found  lands. 

§  3.  Under  this  title  the  original  inhabitants  were  per- 
mitted to  remain  in  the  territory ;  but  they  were  restrained 
from  selling  or  granting  its  soil,  except  to  the  sovereign 
by  whose  subjects  it  had  been  discovered,  who  claimed  for 
himself  the  sole  right  to  dispose  of  it ;  consequently,  no 
other  persons ,  could  acquire  a  title  from  the  natives,  either 
by  purcliase  otrhy  k)3iqiirest. 

;.§;4t.,  Th^re-dojea  not  seein  to  be  any  just  reason  why  the 
first  'discovery  of  •  w  counti-y  sKould  give  a  right  to  the 
possession  of  it,  especially  where  it  is  inhabited,  as  North 
America  was.  The  rule  was  probably  adopted  in  order 
to  prevent  conflicting  claims  by  different  governments  to 
the  same  territory. 

§  5.  Uninhabited  countries  cannot  be  said  to  belong  to 
any  particular  nation,  for  no  nation  has  taken  possession  of 
them.  Whenever,  therefore,  a  nation  first  discovers  unin- 
habited lands,  it  has  a  right  to  take  possession  of  them, 
and  its  title  will  be  regarded  by  other  nations  as  good, 
provided  the  discovery  is  followed  up  by  an  actual  settle- 
ment, or  by  colonizing  it  within  a  reasonable  time,  or  by 
making  other  use  of  it ;  but,  if  some  one  of  these  things  is 
not  done,  the  title  is  considered  to  be  incomplete  and 
abandoned,  and  the  land  will  be  open  to  fresh  occupants. 

§  6.  Although  the  titles  derived  from  discovery  may 
not  originally  have  been  very  just,  their  validity,  after  a 
lapse  of  several  centuries,  cannot  now  be  overthrown. 
By  successive  transfers  they  have  become  vested  in  the 
several  States  and  in  the  United  States,  and  they  have 
been  recognised  and  acceded  to  by  the  Supreme  Court  of 
the  United  States.  We  still ,  hold  this  country  under  the 
title  by  which  it  was  originally  acquired,  and  we  claim 


DISCOVERT  AND   SETTLEMENT   OF  THE   COLONIES.         9 

that  that  title  has,  by  treaties   or  by  grants,  descended 
to  us. 

§  7.  In  the  settlement  of  a  new  country,  there  is  a  dis- 
tinction in  regard  to  the  laws  which  become  of  force  there. 
If  the  country  be  uninhabited,  the  laws  of  the  nation  to 
which  the  settlers  belong,  spring  immediately  into  opera- 
tion, so  far  as  they  are  applicable  to  the  situation  and 
local  circumstances  of  the  settlers,  who  would  otherwise  be 
without  laws  to  govern  them.  If  the  country  be  inha- 
bited, and  acquired  by  treaty,  conquest,  or  purchase,  the 
general  rule  is,  that  the  laws  alrep,dy  existing  remain  in 
force  until  altered  or  repealed,  unless  they  be  contrary  to 
religion  or  morality. 

§8.  Although  North  America  was  inhabited  at  the 
time  it  was  colonized,  the  colonists  disregarded  the  occu- 
pancy and  claims  of  the  Indian  tribes,  and  considered  them- 
selves as  settling  an  unoccupied  country.  We  must,  there- 
fore, regard  them  as  bringing  with  them  to  the  new  world 
the  laws  of  England,  so  far  as  they  were  applicable  to  their 
situation,  and  it  was  so  resolved  by  the  Continental  Con- 
gress in  the  Declaration  of  Rights. 

§  9.  In  fact,  the  charters  under  which  the  colonies  were 
settled  (except  that  of  Pennsylvania)  expressly  declared 
that  all  subjects  of  the  king,  and  their  children,  inhabiting 
therein,  should  be  deemed  natural-born  subjects,  and 
should  enjoy  all  the  privileges  and  immunities  thereof. 

The  colonies  were  not  affected  by  acts  of  Parliament 
passed  after  the  date  of  their  settlement,  unless  they  were 
expressly  named  therein. 

§  10.  The  names  of  the  thirteen  original  colonies  were 
Virginia,  Massachusetts,  New  Hampshire,  Connecticut, 
Rhode  Island,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  North  Carolina,  South  Carolina,  and 


10  CONSTITUTIONAL   TEXT-BOOK. 

Georgia.  These  colonies  have,  with  reference  to  their 
form  of  government,  been  divided  into  three  classes,  as 
follows  : 

(1.)  Provincial  or  Royal  Governments.  ' 

(2.)  Proprietary  Governments. 

(3.)  Charter  Governments. 

§  11.  Under  the  Provincial  governments,  a  governor  was 
appointed  by  the  king,  as  his  deputy,  to  rule  according  to 
his  instructions.  The  king  also  appointed  a  council  to 
assist  the  governor  and  aid  in  making  laws.  The  governor 
established  courts  and  raised  military  forces.  He  had 
power  to  call  together  legislative  assemblies  of  freeholders 
and  others,  in  which  the  council  formed  an  upper  house, 
he  himself  exercising  a  negative  upon  their  proceedings,  as 
well  as  the  right  to  adjourn  them  for  a  time,  or  to  dis- 
solve them.  These  assemblies  made  local  laws,  which  had 
to  be  submitted  to  the  king  for  his  approval  or  disap- 
proval. 

New  Hampshire,  New  York,  New  Jersey,  Virginia, 
North  and  South  Carolina,  and  Georgia,  were  provincial 
colonies. 

§  12.  In  the  Proprietary  governments,  the  king  granted 
his  rights  and  privileges  to  certain  individuals,  who  be- 
came proprietaries  of  the  colony,  and  held  it  as  if  it  were 
a  feudal  principality.  These  proprietaries  appointed  the 
governor,  directed  the  calling  together  of  the  legislative 
assemblies,  and  exercised  all  those  acts  of  authority  which 
in  the  provincial  governments  were  exercised  by  the  king. 

At  the  time  of  the  Revolution  there  were  but  three 
colonies  of  this  description :  Maryland,  of  which  Lord 
Baltimore  was  proprietary,  and  Pennsylvania  and  Dela- 
ware, of  which  William  Penn  was  proprietary.  The 
Carolinas  and  New  Jersey,  which  had  been  proprietary 


DISCOVERY  AND   SETTLEMENT   OF  THE   COLONIES.      11 

governments,  became  Royal  governments  before  the  Revo- 
lution. 

§  13.  In  the  Charter  governments,  the  powers  and  rights 
were  vested  by  a  charter  from  the  king  in  the  colonists 
generally,  and  were  placed  upon  a  more  free  and  demo- 
cratic foundation.  In  Connecticut  and  Rhode  Island,  the 
governor,  council,  and  the  assembly,  were  chosen  every 
year  by  the  freemen  of  the  colony.  But  by  the  charter 
granted  by  William  and  Mary,  in  1691,  to  the  colony  of 
Massachusetts,  the  governor  was  appointed  by  the  king, 
the  council  chosen  annually  by  the  general  assembly,  and 
the  house  of  representatives  chosen  by  the  people,  though 
in  other  respects  the  charter  was  quite  liberal  in  its  pro- 
visions. 

At  the  Revolution,  Massachusetts,  Rhode  Island,  and 
Connecticut  were  the  only  charter  governments  existing. 

§  14.  Notwithstanding  these  diversities  in  the  form  of 
their  government,  the  situation  and  circumstances  of  the 
colonists  were  similar  in  several  very  important  particulars. 
They  were  entitled  to  the  rights  and  liberties  of  English 
subjects,  and  to  the  advantages  of  the  laws  of  England. 
They  were  mostly  a  sober,  industrious,  and  persevering 
people.  They  established  provincial  legislatures  to  regu- 
late their  local  affairs.  They  did  not  hold  their  lands  by 
any  burdensome  feudal  tenures.  The  governments  were 
administered  upon  popular  principles,  and  generally  marked 
by  a  liberal  policy. 

§  15.  Many  of  the  settlers  in  the  colonies  emigrated  from 
England  at  a  time  of  great  religious  and  political  excite- 
ment, and  were  filled  with  the  spirit  of  liberty,  of  free  in- 
quiry, and  of  opposition  to  the  prerogatives  of  the  crown 
and  to  an  establishei  church,  which  such  excitement  had 
produced.      Schools  and   colleges  were  founded,  and  re- 


12  CONSTITUTIONAL   TEXT-BOOK. 

ligion,  education,  and  printing  encouraged.  The  great 
distance  of  the  colonies  from  the  mother-country  weakened 
her  power  over  them,  so  that  a  love  of  freedom  was  gra- 
dually enabled  to  grow  up  almost  unperceived  by  the 
English  government. 

In  Pennsylvania  soon  after  its  settlement,  in  Maryland, 
and  in  New  England,  (except  Rhode  Island,)  the  English 
law  of  primogeniture  (that  is,  the  right  of  the  eldest  son 
and  his  descendants  to  succeed  to  the  inheritance  of  the 
ancestor)  was  abolished,  and  the  estates  of  a  decedent 
were  divided  among  all  his  descendants,  which  tended  to 
equalize  property,  increase  the  number  of  landholders, 
and  encourage  habits  of  industry. 

§  16.  The  colonies,  nevertheless,  had  no  political  con- 
nection with  each  other.  They  had  no  right  to  form 
treaties  or  alliances  among  themselves,  or  enter  into  any 
connection  with  foreign  powers.  The  law  of  nations  did 
not  recognise  them  as  sovereign  states,  but  only  as  de- 
pendencies on  the  crown  of  England.  They  could  not 
make  treaties,  declare  war,  or  send  or  receive  ambassa- 
dors. Each  colonist,  however,  had  the  full  rights  of  a 
British  subject  in  every  other  colony. 


ARTICLES   OF   CONFEDERATION.  13 


CHAPTER  11. 

THE   ARTICLES   OP  CONFEDERATION. 

§  17.  Although  the  colonies  were  politically  distinct, 
yet,  in  consequence  of  the  similarity  of  their  laws,  reli- 
gion, institutions,  interests,  and  situation  generally,  they 
were  frequently  led  to  unite  together  for  the  purpose  of 
advancing  their  common  welfare.  The  New  England 
colonies  often  joined  to  defend  themselves  against  the 
hostilities  of  the  Indian  trihes. 

§  18.  For  instance,  in  1643,  the  colonies  of  Massachu- 
setts, Connecticut,  Plymouth,  and  New  Haven,  for  the  pur- 
pose of  protection  against  the  Indians  and  Dutch,  formed 
an  alliance  by  the  name  of  the  United  Colonies  of  New 
England. 

§  19.  So  also  in  1754,  upon  the  suggestion  of  a  branch 
of  the  British  government,  delegates  from  New  Hamp- 
shire, Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  Pennsylvania,  and  Maryland,  assembled  to  delibe- 
rate upon  the  best  means  of  defending  themselves  in  case 
of  a  war  with  France,  which  was  then  likely  to  occur. 

§  20.  When  England  began  to  oppress  the  colonies,  they 
were  thus  naturally  led  again  to  form  a  union  for  their 
common  protection.  In  1765,  upon  the  recommendation 
of  Massachusetts,  a  congress  of  delegates  from  nine  colo- 
nies assembled  at  New  York,  and  published  a  bill  of  rights, 
in  which  they  asserted  that  the  sole  power  of  taxation 
resided  in  the  colonies. 

§  21.  The  first  Continental  Congress,  composed  of  dele- 


14         '  CONSTITUTIONAL   TEXT-BOOK. 

gates  from  almost  all  the  colonies,  assembled  at  Pliiladel- 
phia,  September  5,  1774,  and  chose  Peyton  Randolph 
president,  and  Charles  Thomson  secretary.  They  styled 
themselves  "  the  delegates  appointed  by  the  good  people 
of  these  colonies,"  and  continued  in  session  till  October  26 
of  the  same  year.  This  Congress,  among  several  other 
valuable  state  papers,  published  a  Declaration  of  Rights, 
which  is  important  as  fully  setting  forth  thfi  natural  and 
constitutional  rights  to  which  the  colonists  believed  them- 
selves entitled.     It  is,  therefore,  included  in  the  Appendix. 

§  22.  A  second  Continental  Congress  assembled  in  Phila- 
delphia May  10,  1775.  This  last-mentioned  Congress  con- 
tinued its  sittings  during  the  Revolutionary  war,  and  until 
the  Articles  of  Confederation  went  into  effect.  In  both 
Congresses  the  votes  were  taken  by  colonies,  the  delegation 
from  each  colony  having  one  vote,  which  was  determined 
by  a  majority  of  the  delegates :  for  instance,  if  a  colony 
had  seven  delegates  in  Congress,  they  would  cast  but  one 
vote,  which  was  determined  by  a  majority  of  the  seven 
delegates.  If  the  delegates  of  a  colony  were  equally 
divided,  no  vote  could  be  given. 

§  23.  The  Declaration  of  Independence,  passed  July  4, 
1776,  wholly  dissolved  the  political  connection  between 
England  and  the  colonies,  the  latter  being  therein  styled, 
for  the  first  time,  THE  UNITED  STATES  OF  AME- 
RICA, a  title  which  was  afterward  retained  by  the  Articles 
of  Confederation,  and  has  been  since  continued.  It  then 
became  necessary  that  the  States  should  unite  for  the 
effectual  prosecution  of  the  war  and  the  formation  of  alli- 
ances with  foreign  countries. 

§24.  On  the  11th  of  June,  1776,  the  same  day  on 
which  a  committee  was  appointed  by  Congress  for  prepar- 
ing a  declaration  of  independence,  it  was  resolved  to  ap- 


ARTICLES    OF   CONFEDERATION.  15 

point  another  committee  to  prepare  and  digest  the  form  of 
a  confederation  to  be  entered  into  between  the  colonies. 
This  committee,  on  the  12th  of  July  following,  reported  a 
plan  of  a  confederacy,  consisting  of  twenty  articles. 

§  25.  This  draft  was  considered  and  debated  at  various 
times ;  but  was  finally  adopted  by  Congress,  November, 
15,  1777.  These  Articles  of  Confederation  were  ratified 
in  July,  1778,  by  the  delegates  from  all  the  States,  except 
New  Jersey,  Delaware,  and  Maryland.  But  they  were 
subsequently  signed  on  the  part  of  New  Jersey,  November 
25,  1778,  and  were  ratified  on  the  part  of  Delaware,  Febru- 
ary 22,  1779.  The  delegates  from  Maryland  did  not  sign 
the  articles  until  March  1,  1781,  though  in  the  mean  time 
she  had  zealously  united  with  the  other  States  in  the  prose- 
cution of  the  war.  The  ratification  of  the  articles  was, 
therefore,  completed  March  1, 1781,  and,  on  the  second  day 
of  March,  1781,  Congress  assembled  under  the  Confede- 
ration. 

§  26.  These  articles  are  printed  at  length  in  the  Appen- 
dix. They  formed  the  thirteen  States,  by  the  style  of 
"  The  United  States  of  America,"  into  a  firm  league  of 
friendship  with  each  other,  for  their  defence,  the  security 
of  their  liberties,  and  their  mutual  and  general  welfare, 
binding  themselves  to  assist  each  other  against  all  force 
offered  to,  or  attacks  made  upon  them,  or  any  of  them,  on 
account  of  religion,  sovereignty,  trade,  or  any  pretence 
whatever.     (Art.  III.) 

§  27.  Each  State  retained  its  own  sovereignty,  and  all 
powers  not  expressly  delegated  to  the  United  States  in 
congress  assembled.  Delegates  were  to  be  chosen  every 
year  by  each  State,  not  less  than  three,  nor  more  than 
seven  in  number,  to  meet  in  congress.  Each  State  was  to 
support  the  expenses  of  its  own  delegates.     In  deciding 


18  CONSTITUTIONAL   TEXT-BOOK. 

questions,  the  votes  were  taken  by  States,  each  State  hai 
ing  a  single  vote. 

§  28.  All  the  expenses  of  the  war  and  for  the  general 
welfare  were  to  be  supplied  bj  the  several  States,  in 
proportion  to  the  value  of  the  lands  and  improvements 
thereon  in  each  State,  surveyed  for  or  granted  to  any 
person. 

§  29.  Congress  was  authorized  to  appoint  a  committee, 
consisting  of  one  delegate  from  each  State,  to  sit  during 
the  recess  of  Congress,  called  a  committee  of  the  States. 
The  committee  of  the  States,  or  any  nine  of  its  members, 
were  authorized  to  execute,  in  the  recess  of  Congress,  such 
of  the  powers  of  that  body,  as  Congress,  with  the  consent 
of  nine  States,  should  think  fit  to  invest  them  with ;  but 
no  power  was  to  be  delegated  to  the  committee,  the  exer- 
cise of  which  required  nine  States  in  Congress. 

§  30.  Congress  could  not  engage  in  war,  grant  letters 
of  marque  and  reprisal,  enter  into  treaties  or  alliances, 
coin  money  or  regulate  its  value,  determine  the  sums  ne- 
cessary for  the  use  of  the  United  States,  emit  bills  of 
credit,  borrow  or  appropriate  money,  designate  the  size  of 
the  army  and  navy,  or  appoint  a  commander-in-chief  of 
the  army  or  navy,  without  the  assent  of  nine  States ;  nor 
could  a  question  upon  any  othSr  point,  except  adjournment 
from  day  to  day,  be  determined  unless  by  the  votes  of  the 
majority  of  the  States  in  Congress. 

§  31.  This  Confederation  was  intended  to  be  perpetual ; 
nor  was  any  alteration  in  the  articles  to  be  made,  unless 
agreed  to  in  Congress  and  afterward  confirmed  by  the 
legislature  of  every  State. 

§  32.  Down  to  the  time  of  the  final  ratification  of  the 
Articles  of  Confederation  in  1781,  the  direction  of  the 
Revolutionary  war  devolved  upon  the  Continental  Congress. 


'      ARTICLES    OF   CONFEDERATION.  17 

There  was  no  settled  form  of  government.  The  powers  of 
the  Congress  were  not  defined ;  but  were  altogether  vague 
and  uncertain.  In  fact,  the  government  was  of  a  revolu- 
tionary or  provisional  character,  exercising  such  authority 
as  the- necessities  of  the  times  required. 

§  33.  It  was  soon  found  that  the  plan  detailed  in  the 
Articles  of  Confederation  was  impracticable.  It  gave  to 
Congress  no  means  of  enforcing  its  laws  upon  the  States, 
and  the  States  disregarded  the  recommendations  of  Con- 
gress with  impunity.  The  Congress  had  no  power  to  lay 
taxes  or  collect  a  revenue  for  the  public  service ;  nor  could 
it  regulate  commerce,  either  with  foreign  nations  or  among 
the  several  States.  The  public  debt  incurred  by  the  war 
was  very  great,  and  the  Articles  of  Confederation  in  no 
way  provided  effectual  means  for  its  payment. 

§  34.  It  became  evident  in  a  short  time,  that  distress  and 
ruin  would  overspread  the  country,  unless  some  different 
and  more  vigorous  form  of  government  were  adopted. 
This  discouraging  state  of  affairs  led  to  the  proceedings 
which  finally  terminated  in  the  formation  and  adoption  of 
the  present  federal  constitution. 

§  35.  It  has  been  said  that  the  government  of  the 
United  States  has  passed  through  the  three  following 
forms : 

(1.)  The  Revolutionary. 

(2.)  The  Confederate. 

(3.)  The  Constitutional. 

§  36.  The  Revolutionary  government  extended  from  the 
time  of  the  meeting  of  the  first  Continental  Congress, 
March  5,  1774,  down  to  the  final  ratification  of  the  Arti- 
cles of  Confederation,  March  1,  1781. 

The  Confederate  government  extended  from  the  ratifi- 
cation   of   the    Articles    of   Confederation   down    to   the 

2* 


18  CONSTITUTIONAL  TEXT-BOOK. 

time  when  tlie  Constitution  went  into  operation,  March  4, 
1789. 

The  Constitutional  government  is  that  which  has  existed 
under  the  Constitution,  and  to  it  we  are  now  about  to  direct 
our  attention. 


CHAPTER  III. 

ADOPTION   OP  THE    CONSTITUTION. 

§  37.  In  1785,  the  legislatures  of  Virginia  and  Mary- 
land appointed  commissioners  to  form  a  compact  relative 
to  the  navigation  of  the  Chesapeake  bay  and  the  rivers 
Potomac  and  Pocomoke.  They  met,  but  felt  that  larger 
powers  were  necessary,  and  referred  the  subject  to  their 
respective  States. 

§  38.  Accordingly,  in  January,  1786,  the  legislature  of 
Virginia  appointed  several  gentlemen  "  to  meet  such  com- 
missioners as  were,  or  might  be,  appointed  by  the  other 
States  in  the  Union,  at  such  time  and  place  as  should  be 
agreed  upon  by  the  said  commissioners,  to  take  into  con- 
sideration the  trade  and  commerce  of  the  United  States ; 
to  consider  how  far  a  uniform  system,  in  their  commercial 
intercourse  and  regulations,  might  be  necessary  to  their 
common  interest  and  permanent  harmony;  and  to  report 
to  the  several  States  such  an  act  relative  to  this  great  ob- 
ject, as,  when  unanimously  ratified  by  them,  would  enable 
the  United  States  in  congress  assembled  effectually  to 
provide  for  the  same." 

§  39.  It  was  afterward  agreed  that  this  meeting  should 
be  held  at  Annipolis,  in  Maryland,  in  September  of  the 


ADOPTION    OF   THE   CONSTITUTION.  19 

same  year.  The  resolutions  were  communicated  to  the 
States,  and  the  meeting  was  held  at  the  time  and  place 
appointed.  Commissioners  from  the  States  of  Virginia, 
Delaware,  Pennsylvania,  New  Jersey,  and  New  York  at- 
tended. Delegates  were  appointed  by  New  Hampshire, 
Massachusetts,  Rhode  Island,  and  North  Carolina,  but  did 
not  attend. 

§40.  So  small  was  the  number  of  States  represented, 
that  the  delegates  did  not  think  proper  to  proceed  to  the 
important  business  which  had  brought  them  together. 
They  were  also  satisfied  that  they  ought  to  be  intrusted 
with  more  ample  powers,  embracing  other  objects  in  addi- 
tion to  the  mere  regulation  of  trade  and  commerce. 

§  41.  They,  therefore,  prepared  an  address  and  a  report 
to  be  submitted  to  Congress  and  all  the  States,  in  which 
they  recommended  the  States  to  concur  "  in  the  appoint- 
ment of  commissioners  to  meet  at  Philadelphia  on  the 
second  Monday  in  May,  1787,  to  take  into  consideration 
the  situation  of  the  United  States,  to  devise  such  further 
provisions  as  should  appear  to  them  necessary  to  render 
the  constitution  of  the  federal  government  adequate  to  the 
exigencies  of  the  Union,  and  to  report  such  an  act  for  that 
purpose  to  the  United  States  in  congress  assembled,  as, 
when  agreed  to  by  them,  and  afterward  confirmed  by  the 
legislature  of  every  State,  will  efiectively  provide  for  the 
same." 

§42.  Virginia  first  appointed  delegates.  The  legisla- 
ture of  New  York  instructed  its  delegates  in  Congress  to 
bring  the  subject  before  that  body;  and  in  February,  1787, 
Congress,  by  a  resolution,  declared  that  it  was  expedient 
"  that  a  convention  of  delegates,  who  shall  have  been  ap- 
pointed by  the  several  States,  be  held  at  Philadelphia,  for 
the  sole  and  express  purpose  of  revising  the  Articles  of 


20  CONSTITUTIONAL   TEXT-BOOK. 

Confederation  and  reporting  to  Congress  and  the  several 
legislatures  such  alterations  and  provisions  therein  as 
shall,  when  agreed  to  in  Congress  and  confirmed  by  the 
States,  render  the  federal  constitution  adequate  to  the 
exigencies  of  the  government  and  the  preservation  of  the 
Union." 

§  43.  In  consequence  of  these  proceedings,  delegates  to 
the  convention  were  appointed  from  all  the  States  except 
Khode  Island,  and  the  convention  met  at  the  State-House 
in  Philadelphia,  on  the  14th  day  (the  second  Monday)  of 
May,  1787,  the  time  designated;  but  a  majority  of  the 
States  not  being  represented,  the  members  present  ad- 
journed from  day  to  day  until  Friday,  May  25.  Upon, 
organizing,  George  Washington,  who  was  a  delegate  from 
Virginia,  was  unanimously  elected  to  preside  over  their 
deliberations.  Among  the  delegates  were  many  of  the 
most  eminent  men  of  the  States. 

§44.  It  will  be  seen  from  the  proceedings  mentioned 
above,  that  the  object  of  calling  the  convention  was  to 
revise  the  Articles  of  Confederation.  So  weak  and  de- 
fective, however,  was  the  old  form  of  government,  that  a 
majority  of  the  delegates  determined  to  form  an  entirely 
new  one. 

§  45.  After  much  discussion,  the  present  Constitution  was 
finally  adopted,  as  the  result  of  their  labours,  on  the  17th 
of  September,  1787,  and  was  signed  by  the  members  of 
the  convention.  There  were  great  difficulties  in  its  forma- 
tion, arising  out  of  jealousies  among  the  States,  and  the 
diiference  in  their  extent,  wealth,  population,  habits,  reli- 
gion, education,  and  political  views:  nothing  but  a  wise 
and  patriotic  spirit  of  mutual  concession  and  of  moderation 
could  have  overcome  such  obstacles. 

§  46.  The  convention  directed  the  new  Constitution  to  be 


ADOPTION   OP   THE   CONSTITUTION.  21 

laid  before  Congress,  and  proposed  that  it  should  after- 
ward be  submitted  to  a  convention  of  delegates  chosen  in 
each  State  by  the  people  thereof,  under  a  recommendation 
of  its  legislature,  for  their  assent  and  ratification ;  also, 
that  as  soon  as  nine  States  had  thus  ratified  it,  Congress 
should  take  measures  for  the  election  of  a  President,  and 
'fix  the  time  and  place  for  commencing  proceedings  under 
it.  The  convention  also  transmitted  to  Congress  the  reso- 
lutions and  letters  which  we  have  appended  to  the  Consti- 
tution. According  to  this  recommendation.  Congress,  on 
the  28th  of  September,  1787,  transmitted  the  plan  of  the 
Constitution  and  the  letter  of  the  convention,  to  the  several 
legislatures  of  the  States,  in  order  to  be  submitted  to  a 
convention  of  delegates  chosen  in  each  State  by  the  people 
thereof. 

§  47.  Conventions  assembled  in  the  diff'erent  States  in 
1787  and  1788,  and  the  new  system  was  discussed  with 
great  learning  and  zeal  amid  many  conflicting  opinions  ; 
but  was  at  last  adopted,  though  not  without  much  oppo 
sition. 

§  48.  On  the  17th  of  September,  1788,  Congress,  hav- 
ing received  ratifications  of  the  Constitution  from  the 
conventions  of  all  the  States,  except  North  Carolina  and 
Rhode  Island,  resolved  that  the  first  Wednesday  in  Janu- 
ary, 1789,  should  be  the  day  for  appointing  electors  in 
the  several  States  which  may  have  ratified  the  Constitu- 
tion before  that  day;  that  the  first  Wednesday  of  the 
following  February  should  be  the  day  for  the  electors 
to  assemble  and  vote  for  a  President ;  and  that  the  first 
Wednesday  in  the  following  March  should  be  the  time  for 
commencing  operations  under  the  Constitution  at  New 
York,  then  the  seat  of  government. 

§49.  Accordingly,  elections  were  held  in  the   several 


22  CONSTITUTIONAL  TEXT-BOOK. 

States  for  electors;  and  the  electors  thus  appointed  met 
and  voted  for  President  and  Vice-President.  There  were 
sixtj-nine  electoral  votes  cast,  of  which  George  Washington 
received  the  whole  number,  and  was  therefore  unanimously 
elected  President,  and  John  Adams  received  thirty-four, 
the  next  greatest  number  of  votes,  and  was  therefore 
elected  Vice-President. 

§  50.  The  States  having  also  elected  their  senators  and 
representatives,  the  first  constitutional  Congress,  com- 
posed of  representatives  from  the  eleven  States,  which 
had  then  ratified  the  Constitution,  assembled  on  Wednes- 
day, the  4th  day  of  March,  1789,  and  on  that  day  the 
new  Constitution  of  the  United  States  went  into  legal 
operation,  and  proceedings  were  commenced  under  it.  A 
quorum  of  members,  however,  did  not  appear  until 
April  1,  and  Congress  then  entered  upon  the  transaction 
of  business 

§51.  On  the  6th  of  April,  the  electoral  votes  were 
counted  in  the  presence  of  the  Senete  and  House  of  Re- 
presentatives by  the  President  of  the  Senate,  elected  for 
that  purpose,  and  the  result  appeared  as  above  stated. 

On  Thursday,  April  30,  George  Washington  took  the 
oath  required  by  the  Constitution,  which  was  admi- 
nistered to  him  by  the  Chancellor  of  the  State  of  New 
York,  and  delivered  his  inaugural  address.  John  Adams 
entered  upon  his  duties  as  President  of  the  Senate,  on 
Tuesday,  April  21. 

§  52.  The  ratification  of  North  Carolina  was  not  re- 
ceived by  Congress  until  January,  1790,  and  that  of 
Rhode  Island,  until  June  of  the  same  year.  In  the  mean 
time,  those  States  had  been  regarded,  in  many  respects,  as 
foreign  States. 

§53.    The   following    are    the   dates   of   the    ratifica- 


ADOPTION   OF  THE   CONSTITUTION.  23 

tion  of  the  Constitution  by  each  of  the  original  thirteen 
States : — 

(1.)  Delaware,  December  7,  1787. 

(2.)  Pennsylvania,  December  12,  1787. 

(3.)  New  Jersey,  December  18,  1787. 

(4.)  Georgia,  January  2,  1788. 

(5.)  Connecticut,  January  9,  1788. 

(6.)  Massachusetts,  February  6,  1788. 

(7.)  Maryland,  April,  28,  1788. 

(8.)  South  Carolina,  May  23,  1788. 

(9.)  New  Hampshire,  June  21,  1788. 
(10.)  Virginia,  June  26,  1788. 
(11.)  New  York,  July  26,  1788. 
(12.)  North  Carolina,  November  21,  1789, 
(13.)  Rhode  Island,  May  29,  1790. 


THE 


COIfSTITUTION 


fttitt^  M'dts  It!  Itrntxim. 


Wk  the  People  of  the  United  States,  in  order  to  form  a 
more  perfect  Union,  establish  Justice,  insure  domestic 
Tranquillity,  provide  for  the  common  defence,  promote 
the  general  Welfare,  and  secure  the  Blessings  of  Liberty 
to  ourselves  and  our  Posterity,  do  ordain  and  establish 
this  Constitution  for  the  United  States  of  America. 

ARTICLE.   L 

Section.  1.  All  legislative  Powers  herein  granted  shall 
be  vested  in  a  Congress  of  the  United  States,  which  shall 
consist  of  a  Senate  and  House  of  Representatives. 

Section.  2.  ^^^^The  House  of  Representatives  shall  be 
composed  of  Members  chosen  every  second  Year  by  the 
People  of  the  several  States,  and  the  Electors  in  each 
State  shall  have  the  Qualifications  requisite  for  Electors 
of  the  most  numerous  Branch  of  the  State  Legislature. 

[Note. — The  small  figures  in  brackets  are  not  in  the  original,  but  ham 
added  subsequently,  to  mark  the  different  clauses  in  a  section.] 
3  25 


26  CONSTITUTIONAL   TEXT-BOOK. 

f^^No  Person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  Age  of  twenty  five  Years,  and  been 
seven  Years  a  Citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  Inhabitant  of  that  State  in  which 
he  shall  be  chosen. 

^^^  Hept-esentatives  and  direct  Taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within 
this  Union,  according  to  their  respective  Numbers,  which 
shall  be  determined  by  adding  to  the  whole  Number  of 
free  Persons,  including  those  bound  to  Service  for  a  Term 
of  Years,  and  excluding  Indians  not  taxed,  three  fifths  of 
all  other  Persons.  The  actual  Enumeration  shall  be  made 
within  three  Years  after  the  first  Meeting  of  the  Congress 
of  the  United  States,  and  within  every  subsequent  Term 
of  ten  Years,  in  such  Manner  as  they  shall  by  Law  di- 
rect. The  Number  of  Representatives  shall  not  exceed 
one  for  every  thirty  Thousand,  but  each  State  shall  have 
at  Least  one  Representative  ;  and  until  such  enumeration 
shall  be  made,  the  State  of  New  Hampshire  shall  be  enti- 
tled to  chuse  three,  Massachusetts  eight,  Rhode-I=5land 
and  Providence  Plantations  one,  Connecticut  five,  New- 
York  six.  New  Jersey  four,  Pennsylvania  eight,  Delaware 
one,  Maryland  six,  Virginia  ten.  North  Carolina  five, 
S^uth  Carolina  five,  and  Georgia  three. 

^*^When  vacancies  happen  in  the  Representation  from 
any  State,  the  Executive  Authority  thereof  shall  issue 
Writs  of  Election  to  fill  such  Vacancies. 

•^^^The   House   of    Representatives    shall    chuse    theii 


CONSTITUTION.  27 

Speaker  and  other  officers ;  and  shall  have  the  sole  Power 
of  Impeachment. 

Section.  3.  t^^  The  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  each  State,  chosen  by  the 
Legislature  thereof,  for  six  Years ;  and  each  Senator  shall 
have  one  Vote. 

•^^^  Immediately  after  they  shall  be  assembled  in  Conse-- 
quence  of  the  first  Election,  they  shall  be  divided  as ' 
equally  as  may  be  into  three  Classes.  The  Seats  of  the 
Senators  of  the  first  Class  shall  be  vacated  at  the  Expira- 
tion of  the  second  Year,  of  the  second  Class  at  the  Ex- 
piration of  the  fourth  Year,  and  of  the  third  class  at  the 
Expiration  of  the  sixth  Year,  so  that  one-third  may  be 
chosen  every  second  Year ;  and  if  Vacancies  happen  by 
Resignation,  or  otherwise,  during  the  Recess  of  the  Legis- 
lature of  any  State,  the  Executive  thereof  may  make  tem- 
porary Appointments  until  the  next  Meeting  of  the  Legis- 
lature, which  shall  then  fill  such  Vacancies. 

•^^^No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained to  the  Age  of  thirty  Years,  and  been  nine  Years  a 
Citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  Inhabitant  of  that  State  for  which  he  shall 
be  chosen. 

WThe  Vice  President  of  the  United  States  shall  be 
President  of  the  Senate,  but  shall  have  no  Vote,  unless 
they  be  equally  divided. 

^^^The  Senate  shall  chuse  their  other  Officers,  and  also 
a  President  pro  tempore,  in  the  Absence  of  the  Vice  Pre* 


28  CONSTITUTIONAL  TEXT-BOOR. 

sident,  or  when  he  shall  exercise  the  Office  of  President 
t)f  the  United  States. 

f^3  The  Senate  shall  have  the  sole  Power  to  try  all  Im- 
peachments. When  sitting  for  that  Purpose,  they  shall 
be  on  Oath  or  Affirmation.  When  the  President  of  the 
United  States  is  tried,  the  Chief  Justice  shall  preside : 
And  no  Person  shall  he  convicted  without  the  Concurrence 
of  two  thirds  of  the  Members  present. 

'^'^^  Judgment  in  Cases  of  Impeachment  shall  not  extend 
further  than  to  removal  from  Office,  and  Disqualification 
to  hold  and  enjoy  any  Office  of  honour.  Trust  or  Profit 
under  the  United  States:  but  the  Party  convicted  shall 
nevertheless  be  liable  and  subject  to  Indictment,  Trial, 
.Judgment  and  Punishment,  according  to  Law. 

Section.  4.  ^^^  The  Times,  Places  and  Manner  of  hold- 
ing Elections  for  Senators  and  Representatives,  shall  be 
prescribed  in  each  State  by  the  Legislature  thereof ;  but 
the  Congress  may  at  any  time  by  Law  make  or  alter  such 
Regulations,  except  as  to  the  places  of  chusing  Senators. 

'^^^The  Congress  shall  assemble  at  least  once  in  every 
Year,  and  such  Meeting  shall  be  on  the  first  Monday 
in  December,  unless  they  shall  by  Law  appoint  a  different 
Day. 

Section.  5.  ^iiEach  House  shall  be  the  Judge  of  the 
Elections,  Returns  and  Qualifications  of  its  own  Members, 
and  a  Majority  of  each  shall  constitute  a  Quorum  to  do 
Business  ;  but  a  smaller  Number  may  adjourn  from  day  to 
day,  and  may  be  authorized  to  compel  the  Attendance  of 


SONSTITUTION.  29 

absent  Mem  btrs,  /n  ,such  Manner,  and  under  sucli  Penal- 
ties as  each  House  may  provide. 

t^^Each  House  may  determine  the  Rules  of  its  Proceed- 
ings, punish  its  Members  for  disorderly  Behaviour,  and, 
T7ith  the  Concurrence  of  two  thirds,  expel  a  Member. 

■^^3  Each  House  shall  keep  a  Journal  of  its  Proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
Parts  as  may  in  their  Judgment  require  Secrecy;  and  the 
Yeas  and  Nays  of  the  Members  of  either  House  on  any 
question  shall,  at  the  Desire  of  one  fifth  of  those  Present, 
be  entered  on  the  Journal. 

f^J  Neither  House,  during  the  Session  of  Congress,  shall, 
without  the  Consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  Place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Section.  6.  t^^The  Senators  and  Representatives  shall 
receive  a  Compensation  for  their  Services,  to  be  ascer- 
tained by  Law,  and  paid  out  of  the  Treasury  of  the 
United  States.  They  shall  in  all  Cases,  except  Treason, 
Eelony  and  Breach  of  the  Peace,  be  privileged  from  Ar- 
rest during  their  Attendance  at  the  Session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from  the 
same ;  and  for  any  speech  or  debate  in  either  House,  they 
shall  not  be  questioned  in  any  other  Place. 

t^^No  Senator  or  Representative  shall,  during  the  Time 
for  which  he  was  elected,  be  appointed  to  any  civil  OflBce 
under  the  Authority  of  the  United  States,  which  shall  have 
boen  created,  or  the  Emoluments  whereof  shall  have  been 

3* 


30  CONSTITUTIONAL   TEXT-BOOK. 

encreased  during  such  time ;  and  no  Person  holding  smy 
Office  under  the  United  States,  shall  be  a  Member  of  eithei 
House  during  his  Continuance  in  Office. 
.  Section.  7.  l^^^All  Bills  for  raising  Revenue  shall  ori- 
ginate in  the  House  of  Representatives ;  but  the  Senate 
may  propose  or  concur  with  Amendments  as  on  other 
Bills. 

■^^^  Every  Bill  which  shall  have  passed  the  House  of  Re- 
presentatives and  the  Senate,  shall,  before  it  become  a 
Law,  be  presented  to  the  President  of  the  United  States ; 
If  he  approve  he  shall  sign  it,  but  if  not  he  shall  return  it, 
with  his  Objections  to  that  House  in  which  it  shall  have 
originated,  who  shall  enter  the  Objections  at  large  on  their 
Journal,  and  proceed  to  reconsider  it.  If  after  such  Re- 
consideration two  thirds  of  that  House  shall  agree  to  pass 
the  Bill,  it  shall  be  sent,  together  with  the  Objections,  to 
the  other  House,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two  thirds  of  that  House,  it  shall  be- 
come a  Law.  But  in  all  such  Cases  the  Votes  of  both 
Houses  shall  be  determined  by  yeas  and  Nays,  and  the 
Names  of  the  Persons  voting  for  and  against  the  Bill  shall 
be  entered  on  the  Jo'urnal  of  each  House  respectively.  If 
any  Bill  shall  not  be  returned  by  the  President  within  ten 
Days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  Manner  as 
if  he  had  signed  it.  unless  the  Congress  by  their  Adjourn- 
ment prevent  its  Return,  in  which  Case  it  shall  not  be  a 
Law. 


CONSTITUTION.  81 

[3]  Every  Order,  Resolution,  or  Vote  to  which  the  Con- 
currence of  the  Senate  and  House  of  Representatives  may 
be  necessary  (except  on  a  question  of  Adjournment)  shall 
be  presented  to  the  President  of  the  United  States ;  and 
before  the  Same  shall  take  Effect,  shall  be  approved  by 
him,  or  being  disapproved  by  him,  shall  be  repassed  by 
two  thirds  of  the  Senate  and  House  of  Representatives, 
according  to  the  Rules  and  Limitations  prescribed  in  the 
Case  of  a  Bill. 

Section.  8.  The  Congress  shall  have  Power 

t^JTo  lay  and  collect  Taxes,  Duties,  Imposts  and  Ex- 
cises, to  pay  the  Debts  and  provide  for  the  common  De- 
fence and  general  Welfare  of  the  United  States;  but  all 
Duties,  Imposts  and  Excises  shall  be  uniform  throughout 
the  United  States ; 

^^^  To  borrow  Money  on  the  credit  of  the  United  States ; 

f^^To  regutate  Commerce  with  foreign  Nations,  and 
among  the  several  States,  and  with  the  Indian  Tribes ; 

^"^^  To  establish  an  uniform  Rule  of  Naturalization,  and 
uniform  Laws  on  the  subject  of  Bankruptcies  throughout 
the  United  States ; 

•^^^To  coin  Money,  regulate  the  Value  thereof,  and  of 
foreign  Coin,  and  fix  the  Standard  of  Weights  and 
Measures ; 

^^^  To  provide  for  the  Punishment  of  counterfeiting  the 
Securities  and  current  Coin  of  the  United  States ; 

^^^  To  establish  Post  Offices  and  post  Roads ; 

•^^^To  promote  the  progress  of  Science  and  useful  Aris, 


32  CONSTITUTIONAL   TEXT-BOOK. 

by  securing  for  limited  Times  to  Authors  and  Inventors 
the  exclusive  Right  to  their  respective  Writings  and  Dis- 
coveries ; 

'^^To  constitute  Tribunals  inferior  to  the  supreme 
Court ; 

[10]  Q^Q  define  and  punish  Piracies  and  Felonies  commit- 
ted on  the  high  Seas,  and  Ofifences  against  the  Law  of 
Nations  ; 

t"^  To  declare  War,  grant  Letters  of  Marque  ttnd  Re- 
prisal, and  make  Rules  concerning  Captures  on  Land  and 
Water ; 

■^^^^  To  raise  and  support  Armies,  but  no  Appropriation 
of  Money  to  that  Use  shall  be  for  a  longer  Term  than 
two  Years ; 

[13]  rpQ  provide  and  maintain  a  Navy ; 

^"^  To  make  Rules  for  the  Government  and  Regulation 
of  the  land  and  naval  Forces  ; 

[i5]']^Q  provide  for  calling  forth  the  Militia  to  execute 
the  Laws  of  the  Union,  suppress  Insurrections  and  repel 
Invasions ; 

[i6]Q^Q  provide  for  organizing,  arming,  and  disciplining, 
the  Militia,  and  for  governing  such  Part  o£  them  as  may 
be  employed  in  the  Service  of  the  United  States,  reserv- 
ing to  the  States  respectively,  the  Appointment  of  the 
Officers,  and  the  Authority  of  training  the  Militia  accord- 
ing to  the  Discipline  prescribed  by  Congress ; 

■^^^JTo  exercise  exclusive  Legislation  in  all  Cases  what- 
soever, over  such  District  (not  exceeding  ten  Miles  square) 


CONSTITUTION.  33 

as  may,  by  Cession  of  particular  States,  and  the  Accept- 
ance of  Congress,  become  the  Seat  of  the  Government  of 
the  United  States,  and  to  exercise  like  Authority  over  all 
Places  purchased  by  the  Consent  of  the  Legislature  of  tho 
State  in  which  the  Same  shall  be,  for  the  Erection  of 
Forts,  Magazines,  Arsenals,  Dock- Yards,  and  other  need- 
ful Buildings ; — And 

^'^^^  To  make  all  Laws  which  shall  be  necessary  and  pro- 
per for  carrying  into  Execution  the  foregoing  Powers,  and 
all  other  Powers  vested  by  this  Constitution  in  the  Grovern- 
ment  of  the  United  States,  or  in  any  Department  or 
Officer  thereof. 

Section.  9.  f^^The  Migration  or  Importation  of  such 
Persons  as  any  of  the  States  now  existing  shall  think  pro- 
per to  admit,  shall  not  be  prohibited  by  the  Congress  prioi 
to  the  Year  one  thousand  eight  hundred  and  eight,  but  a 
Tax  or  Duty  may  be  imposed  on  such  Importation,  not 
exceeding  ten  dollars  for  each  Person. 

t^^The  Privilege  of  the  Writ  of  Habeas  Corpus  shall 
not  be  suspended,  unless  when  in  Cases  of  Rebellion  or 
Invasion  the  public  Safety  may  require  it. 

t^^^No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be 
passed. 

•^^^No  Capitation,  or  other  direct.  Tax  shall  be  laid, 
unless  in  Proportion  to  the  Census  or  Enumeration  herein 
before  directed  to  be  taken. 

Wj^o  Tax  or  Duty  shall  be  laid  on  Articles  exported 
from  any  State. 


34  CONSTITUTIONAL   TEXT-BOOK. 

[6]  ^Q  Preference  shall  be  given  by  any  Regulation  of 
Commerce  or  Revenue  to  the  Ports  of  one  State  over 
those  of  another:  nor  shall  Vessels  bound  to,  or  from, 
one  State,  be  obliged  to  enter,  clear,  or  pay  Duties  in 
another. 

^^^No  Money  shall  be  drawn  from  the  Treasury,  but  in 
Consequence  of  Appropriations  made  by  Law;  and  a 
regular  Statement  and  Account  of  the  Receipts  and  Ex- 
v.enditures  of  all  public  Money  shall  be  published  from 
time  to  time. 

t^^  No  Title  of  Nobility  shall  be  granted  by  the  United 
States  :  And  no  Person  holding  any  Office  of  Profit  or 
Trust  under  them,  shall,  without  the  Consent  of  the  Con- 
gress, accept  of .  any  present.  Emolument,  Office,  or  Title, 
of  any  kind  whatever,  from  any  King,  Prince,  or  foreign 
State. 

Section.  10.  ^'^^  No  State  shall  enter  into  any  Treaty, 
Alliance,  or  Confederation ;  grant  Letters  of  Marque  and 
Reprisal;  coin  Money;  emit  Bills  of  Credit;  make  any 
Thing  but  gold  and  silver  Coin  a  Tender  in  Payment  of 
Debts ;  pass  any  Bill  of  Attainder,  ex  post  facto  Law,  or 
Law  impairing  the  Obligation  of  Contracts,  or  grant  any 
Title  of  Nobility. 

■^^^No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  Imposts  or  Duties  on  Imports  or  Exports,  except 
what  may  be  absolutely  necessary  for  executing  it's  in- 
spection Laws  :  and  the  net  Produce  of  all  Duties  and 
Imposts,  laid  by  any  State  on  Imports  or  Exports,  shall 


CONSTITUTION.  35 

be  for  the  Use  of  the  Treasury  of  the  United  States ;  and 
all  such  Laws  shall  be  subject  to  the  Revision  and  Con- 
troul  of  the  Congress. 

'^^^No  State  shall,  without  the  Consent  of  Congress,  lay 
any  Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in 
time  of  Peace,  enter  into  any  Agreement  or  Compact  with 
another  State,  or  with  a  foreign  Power,  or  engage  in  War, 
unless  actually  invaded,  or  in  such  imminent  Danger  as 
will  not  admit  of  Delay. 

ARTICLE.  IL 

Section.  1.  ^^'^  The  executive  Power  shall  be  vested  in  a 
President  of  the  United  States  of  America.  He  shall 
hold  his  Office  during  the  Term  of  four  Years,  and,  toge- 
ther with  the  Vice  President,  chosen  for  the  same  Term, 
be  elected,  as  follows 

•^^^Each  State  shall  appoint,  in  such  Manner  as  the  Le- 
gislature thereof  may  direct,  a  Number  of  Electors,  equal 
to  the  whole  Number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress  :  but  no 
Senator  or  Representative,  or  Person  holding  an  Office  of 
Trust  or  Profit  under  the  United  States,  shall  be  appointed 
an  Elector. 

♦[3]  r£\^Q  Electors  shall  meet  in  their  respective  States,  and 
vote  by  Ballot  for  two  Persons,  of  whom  one  at  least  shall 
not  be  an  Inhabitant  of  the  same  State  with  themselves. 

*  This  clause  has  been  supplied  by  the  12th  amendment,  on  page  i^l. 


tJb  CONSTITUTIONAL   TEXT-BOOK. 

And  they  shall  make  a  List  of  all  the  Persons  voted  for, 
and  of  the  Number  of  Votes  for  each;  which  List  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  Seat  of 
the  Government  of  the  United  States,  directed  to  the  Pre- 
sident of  the  Senate.  The  President  of  the  Senate  shall, 
in  the  Presence  of  the  Senate  and  House  of  Representa- 
tives, open  all  the  Certificates,  and  the  Votes  shall  then 
be  counted.  The  Person  having  the  greatest  Number  of 
Votes  shall  be  the  President,  if  such  Number  be  a  Ma- 
jority of  the  "whole  Number  of  Electors  appointed;  and 
if  there  be  more  than  one  who  have  such  Majority  and 
have  an  equal  number  of  Votes,  then  the  House  of  Re- 
presentatives shall  immediately  chuse  by  Ballot  one  of 
them  for  President;  and  if  no  Person  have  a  Majority, 
then  from  the  five  highest  on  the  List  the  said  House  shall 
in  like  Manner  chuse  the  President.  But  in  chusing  the 
President,  the  Votes  shall  be  taken  by  States,  the  Repre- 
sentation from  each  State  having  one  Vote ;  a  Quorum  for 
this  Purpose  shall  consist  of  a  Member  or  Members  from 
two  thirds  of  the  States,  and  a  Majority  of  all  the  States 
shall  be  necessary  to  a  Choice.  In  every  Case,  after  the 
Choice  of  the  President,  the  Person  having  the  greatest 
Number  of  Votes  of  the  Electors  shall  be  the  Vice  Presi- 
dent. But  if  there  should  remain  two  or  more  who  have 
equal  Votes,  the  Senate  shall  chuse  from  them  by  Ballot 
the  Vice  President. 

WThe   Congress  may  determine  the   Time  of  chusing 
the  Electors,  and  the  Day  on  which  they  shall  give  their 


CONSTITUTION.  8T 

Votes;  which  Day  shall  be  the  same  throughout  the 
United  States. 

•^^^No  Person  except  a  natural  born  Citizen,  or  a  Citizen 
of  the  United  States,  at  the  time  of  the  Adoption  of  this 
Constitution,  shall  be  eligible  to  the  Office  of  President ; 
neither  shall  any  Person  be  eligible  to  that  Office  who 
shall  not  have  attained  to  the  Age  of  thirty  five  Years, 
and  been  fourteen  Years  a  Resident  •within  the  United 
States. 

^^^  In  Case  of  the  Removal  of  the  President  from  Office, 
or  of  his  Death,  Resignation,  or  Inability  to  discharge  the 
Powers  and  Duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice  President,  and  the  Congress  may  by  Law  pro- 
vide for  the  Case  of  Removal,  Death,  Resignation,  or  Ina- 
bility, both  of  the  President  and  Vice  President,  declaring 
what  Officer  shall  then  act  as  President,  and  such  Officer 
shall  act  accordingly,  until  the  Disability  be  removed,  or  a 
Piesident  shall  be  elected. 

^'^'^  The  President  shall,  at  stated  Times,  receive  for  his 
Services,  a  Compensation,  which  shall  neither  be  encreased 
nor  diminished  during  the  Period  for  which  he  shall  have 
been  elected,  and  he  shall  not  receive  within  that  Period 
any  other  Emolument  from  the  United  States,  or  any  of 
them. 

^•^  Before  he  enter  on  the  Execution  of  his  Office,  he 
shall  take  the  following  Oath  or  Affirmation : — 

"  I  do  solemly  swear  (or  affirm)  that  I  will  faithfully 
**  execute  the  Office  of  President  of  the  United  States,  and 


38  CONSTITUTIONAL  TEXT-BOOK. 

"will  to  the  best  of  my  Ability,  preserve,  protect  and 
"  defend  the  Constitution  of  the  United  States." 

Section.  2.  ^^^^The  President  shall  be  Commander  in 
Chief  of  the  Army  and  Navy  of  the  United  States,  and 
of  the  Militia  of  the  several  States,  when  called  into  the 
actual  Service  of  the  United  States ;  he  may  require  the 
Opinion,  in  writing,  of  the  principal  Officer  in  each  of  the 
executive  Departments,  upon  any  Subject  relating  to  the 
Duties  of  their  respective  Offices,  and  he  shall  have  Power 
to  grant  Reprieves  and  Pardons  for  OjQfences  against  the 
United  States,  except  in  Cases  of  Impeachment. 

■^^^He  shall  have  Power,  by  and  with  the  Advice  and 
Consent  of  the  Senate,  to  make  Treaties,  provided  two 
thirds  of  the  Senators  present  concur;  and  he  shall  nomi- 
nate, and  by  and  with  the  Advice  and  Consent  of  the 
Senate,  shall  appoint  Ambassadors,  other  public  Ministers 
and  Consuls,  Judges  of  the  supreme  Court,  and  all  other 
Officers  of  the  United  States,  whose  Appointments  are 
not  herein  otherwise  provided  for,  and  which  shall  be  esta- 
blished by  Law :  but  the  Congress  may  by  Law  vest  the 
Appointment  of  such  inferior  Officers,  as  they  think  pro- 
per, in  the  President  alone,  in  the  Courts  of  Law,  or  in 
the  Heads  of  Departments. 

f^J  The  President  shall  have  Power  to  fill  up  all  Vacan- 
cies that  may  happen  during  the  Kecess  of  the  Senate,  by 
granting  Commissions  which  shall  expire  at  the  End  of 
their  next  Session. 

Section.  3.  He  shall  from  time  to  time  give  to  the 


CONSTITUTION.  6\9 

Congress  Information  of  the  State  of  the  Union,  and 
recommend  to  their  Consideration  such  Measures  as  he 
shall  judge  necessary  and  expedient;  he  may,  on  extra- 
ordinary Occasions,  convene  both  Houses,  or  either  of 
them,  and  in  Case  of  Disagreement  between  them,  with 
Eospect  to  the  time  of  Adjournment,  he  may  adjourn  them 
to  such  Time  as  he  shall  think  proper ;  he  shall  receive 
Ambassadors  and  other  public  Ministers  ;  he  shall  take 
Care  that  the  Laws  be  faithfully  executed,  and  shall  Com- 
mission all  the  oflScers  of  the  United  States. 

Section.  4.  The  President,  Vice  President  and  all  civil 
Officers  of  the  United  States,  shall  be  removed  from  Office 
on  Impeachment  for,  and  Conviction  of.  Treason,  Bribery, 
or  other  high  Crimes  and  Misdemeanors. 

ARTICLE   IIL 

Section.  1.  The  judicial  Power  of  the  United  States, 
shall  be  vested  in  one  supreme  Court,  and  in  such  inferior 
Courts  as  the  Congress  may  from  time  to  time  ordain  and 
establish.  The  Judges,  both  of  the  supreme  and  inferior 
Courts,  shall  hold  their  Offices  during  good  Behavior,  and 
shall,  at  stated  Times,  receive  for  their  Services,  a  Com- 
pensation which  shall  not  be  diminished  during  their 
Continuance  in  Office. 

Section.  2.  t^^The  judicial  Power  shall  extend  to  all 
Cases,  in  Law  and  Equity,  arising  under  this  Constitution, 
the  Laws  of  the  United  States,  and  Treaties  made,  or 
which  shall  be  made,  under  their  Authority ; — to  all  Cases 


40  CONSTITUTIONAL  TEXT-BOOK. 

affecting  Ambassadors,  other  public  Ministers  and  Con- 
suls ; — to  all  Cases  of  admiralty  and  maritime  Jurisdic- 
tion ; — to  Controversies  to  which  the  United  States  shall 
be  a  Party; — to  Controversies  between  two  or  more 
States ; — between  a  State  and  Citizens  of  another  State ; 
— between  Citizens  of  different  States, — between  Citizens 
of  the  same  State  claiming  Lands  under  Grants  of  different 
States,  and  between  a  State,  or  the  Citizens  thereof,  and 
foreign  States,  Citizens  or  Subjects. 

t^^In  all  Cases  affecting  Ambassadors,  other  public  Mi- 
nisters and  Consuls,  and  those  in  which  a  State  shall  be 
Party,  the  supreme  Court  shall  have  original  Jurisdiction. 
In  all  the  other  Cases  before  mentioned,  the  supreme 
Court  shall  have  appellate  Jurisdiction,  both  as  to  Law 
and  Pact,  with  such  Exceptions,  and  under  such  Regula- 
tions as  the  Congress  shall  make. 

f^^The  Trial  of  all  Crimes,  except  in  Cases  of  Impeach- 
ment, shall  be  by  Jury;  and  such  Trial  shall  be  held  in 
the  State  where  the  said  Crimes  shall  have  been  com- 
mitted; but  when  not  committed  within  any  State,  the 
Trial  shall  be  at  such  Place  or  Places  as  the  Congress 
may  by  Law  have  directed. 

Section.  3.  f^^  Treason  against  the  United  States,  shall 
consist  only  in  levying  War  against  them,  or  in  adhering 
to  their  Enemies,  giving  them  Aid  and  Comfort.  No 
Person  shall  be  convicted  of  Treason  unless  on  the  Testi- 
mony of  two  Witnesses  to  the  same  overt  Act,  or  on 
Confession  in  open  Court. 


CONSTITUTION.  41 

^^'^  The  Congress  shall  have  Power  to  declare  the  Punish- 
ment of  Treason,  but  no  Attainder  of  Treason  shall  work 
Corruption  of  Blood,  or  Forfeiture  except  during  the  Life 
of  the  Person  attainted. 

ARTICLE.  rV. 

Section.  1.  Full  Faith  and  Credit  shall  be  given  in 
each  State  to  the  public  Acts,  Records,  and  judicial  Pro- 
ceedings of  every  other  State.  And  the  Congress  may 
by  general  Laws  prescribe  the  Manner  in  which  such 
Acts,  Records  and  Proceedings  shall  be  proved,  and  the 
Effect  thereof. 

Section.  2.  ^^^  The  Citizens  of  each  State  shall  be  enti- 
tled to  all  Privileges  and  Immunities  of  Citizens  in  the 
several  States. 

t^^  A  Person  charged  in  any  State  with  Treason,  Felony, 
or  other  Crime,  who  shall  flee  from  Justice,  and  be  found 
in  another  State,  shall  on  Demand  of  the  executive  Au- 
thority of  the  State  from  which  he  fled,  be  delivered  up, 
to  be  removed  to  the  State  having  Jurisdiction  of  the 
Crime. 

[3]]s^Q  Person  held  to  Service  or  Labour  in  one  State, 
under  the  Laws  thereof,  escaping  into  another,  shall,  in 
Consequence  of  any  Law  or  Regulation  therein,  be  dis- 
charged from  such  Service  or  Labour,  but  shall  be  delivered 
up  on  Claim  of  the  Party  to  whom  such  Service  or  Labour 
may  be  due. 

Section.  3.  t^iNew  States  may  be  admitted  by  the  Con- 

4» 


12  CONSTITUTIONAL  TEXT-BOOK. 

gross  into  this  Union ;  but  no  new  State  shall  be  formed 
or  erected  within  the  Jurisdiction  of  any  other  State ;  nor 
any  State  be  formed  by  the  Junction  of  two  or  more 
States,  or  Parts  of  States,  without  the  Consent  of  the 
Legislatures  of  the  States  concerned  as  well  as  of  the 
Congress. 

^^^The  Congress  shall  have  Power  to  dispose  of  and 
make  all  needful  Rules  and  Regulations  respecting  the 
Territory  or  other  Property  belonging  to  the  United 
States ;  and  nothing  in  this  Constitution  shall  be  so  con- 
strued as  to  Prejudice  any  Claims  of  the  United  States, 
or  of  any  particular  State. 

Section.  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  Republican  Form  of  Government, 
and  shall  protect  each  of  them  against  Invasion,  and  on 
Application  of  the  Legislature,  or  of  the  Executive  (when 
the  Legislature  cannot  be  convened)  against  domestic 
Violence. 

ARTICLE   V. 

The  Congress,  whenever  two  thirds  of  both  Houses 
shall  deem  it  necessary,  shall  propose  Amendments  to  this 
Constitution,  or,  on  the  Application  of  the  Legislatures  of 
two  thirds  of  the  several  States,  shall  call  a  Convention 
for  proposing  Amendments,  which,  in  either  Case,  shall 
be  valid  to  all  Intents  and  Purposes,  as  Part  of  this  Con- 
stitution, when  ratified  by  the  Legislatures  of  three  fourths 
of  the  several  States,  or  by  Conventions  in  three  fourths 


CONSTITUTION.  43 

thereof,  as  the  one  or  the  other  Mode  of  Ratification  may 
be  proposed  by  the  Congress ;  Provided  that  no  Amend 
ment  which  may  be  made  prior  to  the  Year  one  thousand 
eight  hundred  and  eight  shall  in  any  Manner  aftect  the 
first  and  fourth  Clauses  in  the  Ninth  Section  of  the  first 
Article ;  and  that  no  State,  without  its  Consent,  shall  be 
deprived  of  its  equal  SuJGfrage  in  the  Senate. 


ARTICLE.  VI. 

'^^^All  Debts  contracted  and  Engagements  entered  into, 
before  the  Adoption  of  this  Constitution,  shall  be  as  valid 
against  the  United  States  under  this  Constitution,  as- 
under the  Confederation. 

^^^  This  Constitution,  and  the  Laws  of  the  United  States 
which  shall  be  made  in  Pursuance  thereof;  and  all  Trea- 
ties made,  or  which  shall  be  made,  under  the  authority 
of  the  United  States,  shall  be  the  supreme  Law  of  the 
Land ;  and  the  Judges  in  every  State  shall  be  bound 
thereby,  any  Thing  in  the  Constitution  or  Laws  of  any 
State  to  the  Contrary  notwithstanding. 

^^^  The  Senators  and  Representatives  before  mentioned^ 
and  the  Members  of  the  several  State  Legislatures,  and 
all  executive  and  judicial  Officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  Oath 
or  Affirmation,  to  support  this  Constitution  ;  but  no  reli- 
gious Test  shall  ever  be  required  as  a  Qualification  to  any 
Office  or  public  Trust  under  the  United  States. 


44 


CONSTITUTIONAL   TEXT-BOOK 


ARTICLE.  VII, 

The  Ratification  of  the  Conventions  of  nine  States, 
shall  be  sufficient  for  the  Establishment  of  this  Constitu- 
tion between  the  States  so  ratifying  the  Same. 

Done  in  Convention  by  the  Unanimous  Consent  of  the 
States  present  the  Seventeenth  Day  of  September  in 
the  Year  of  our  Lord  one  thousand  seven  hundred 
and  Eighty  seven  and  of  the  Independance  of  the 
United  States  of  America  the  Twelfth.  In  TFitness 
whereof  We  have  hereunto  subscribed  our  Names, 
Go  WASHINGTON— 
Presidt  and  deputy  fro7n  Virginia 


John  Langdon 


Nathaniel  Gorham 


NEW  HAMPSHIRE. 

Nicholas  Oilman 

MASSACHUSETTS. 
RuFus  King 


Wm  Saml  Johnson 
Alexander  Hamilton 

WiL  Livingston 
Wm  Paterson 


B  Franklin 
RoBT  Morris 

TlIO  FiTZSIMONS 

James  Wilson 


CONNECTICUT. 

Roger  Shermak 

NEW  YORK. 

NEW  JERSEY. 

David  Brearley 
JoNA  Dayton 

PENNSYLVANIA. 

Thomas  Mifflin 
Geo  Clymer 
Jared  Ingersoll 
Gouv  Morris 


CONSTITUTION. 


45 


Geo  Head 
John  Dickinson 
Jaco  Broom 

James  M'Henrt 
Danl  Carroll 

/3BN  Blair 


DELAWARE. 

Gunning  Bedford,  Jun'r 
Richard  Bassett 

MARYLAND. 

Dan  of  St  Thos  Jenifer 

VIRGINIA. 

James  Madison,  Jr 


Wm  Blount 
Hu  Williamson 

j  rutledgb 
Charles  Pinckney 


William  Few 
Attest: 


NORTH  CAROLINA. 

Rich'd  Dobbs  Spaight, 

SOUTH  CAROLINA. 

Charles  Cotesttorth  Pincknit 
Pierce  Butler 

GEORGIA. 

Abr  Bai  dwin 

WILLIAM  JACKSON,  Secretaty, 


46  CONSTITUTIONAL  TEXT-BOOK. 

§  54.  The  following  are  the  proceedings  of  the  conven- 
tion, containing  the  resolutions  and  letter  which  were 
transmitted  to  Congress  together  with  the  Constitution : — 

In  Convention,  Monday,  September  17,  1787. 
Present:  The  States  of  New  Hampshire,  Massachusetts,  Connecticut, 

Mr.  Hamilton  from  New  York,  New  Jersey,  Pennsylvania,  Delaware, 

Maryland,  Virginia,  North  Carolina,  South  Carolina,  and  Georgia. 

Resolved,  That  the  preceding  Constitution  be  laid  before  the  United 
States  in  Congress  assembled,  and  that  it  is  the  opinion  of  this  conven- 
tion that  it  should  afterwards  be  submitted  to  a  convention  of  delegates, 
chosen  in  each  State  by  the  people  thereof,  under  the  recommendation 
of  its  legislature,  for  their  assent  and  ratification ;  and  that  each  con- 
vention, assenting  to  and  ratifying  the  same,  should  give  notice  thereof, 
to  the  United  States  in  Congress  assembled. 

Resolved,  That  it  is  the  opinion  of  this  convention,  that  as  soon  as  the 
conventions  of  nine  States  shall  have  ratified  this  Constitution,  the 
United  States  in  Congress  assembled  should  fix  a  day  on  which  electors 
should  be  appointed  by  the  States  which  shall  have  ratified  the  same, 
and  a  day  on  which  the  electors  should  assemble  to  vote  for  the  Presi- 
dent, and  the  time  and  place  for  commencing  proceedings  under  this 
Constitution.  That  after  such  publication  the  electors  should  be  ap- 
pointed, and  the  Senators  and  Representatives  elected ;  that  the  elect- 
ors should  meet  on  the  day  fixed  for  the  election  of  the  President,  and 
should  transmit  their  votes  certified,  signed,  sealed,  and  directed  as  the 
Constitution  requires,  to  the  Secretary  of  the  United  States  in  Con- 
gress assembled  ;  that  the  Senators  and  Representatives  should  convene 
at  the  time  and  place  assigned;  that  the  Senators  should  appoint  a 
president  of  the  Senate,  for  the  sole  purpose  of  receiving,  opening,  and 
counting  the  votes  for  President ;  and  that,  after  he  shall  be  chosen, 
the  Congress,  together  with  the  President,  should,  without  delay,  pro- 
ceed to  execute  this  Constitution. 

By  the  unanimous  order  of  the  convention. 

GEORGE  WASHINGTON,  President. 

William  Jackson,  Secretary. 

In  Convention,  Septembek  17,  1787. 
SiB .  We  have  now  the  honour  to  submit  to  the  consideration  of  the 
United  States  in  Congress  assembled,  that  constitution  which  has  ap 
peared  to  us  the  most  advisable. 


PROCEEDINGS   OF   THE   CONVENTION.  47 

The  friends  of  our  country  have  long  seen  and  desired  that  the  power 
of  making  war,  peace,  and  treaties,  that  of  levying  money  and  regu- 
lating commerce,  and  the  correspondent  executive  and  judicial  authori 
ties,  should  be  fully  and  effectually  vested  in  the  General  Governmen' 
of  the  Union ;  but  the  impropriety  of  delegating  such  extensive  trust 
to  one  body  of  men  is  evident:  hence  results  the  necessity  of  a  different 
organization. 

It  is  obviously  impracticable,  in  the  Federal  Government  of  these 
States,  to  secure  all  rights  of  independent  sovereignty  to  each,  and  yel 
provide  for  the  interest  and  safety  of  all.  Individuals  entering  into 
society  must  give  up  a  share  of  liberty  to  preserve  the  rest.  The  mag- 
nitude of  the  sacrifice  must  depend  as  well  on  situation  and  circum- 
stance as  on  the  object  to  be  obtained.  It  is  at  all  times  difficult  to 
draw  with  precision  the  line  between  those  rights  which  must  be  sur- 
rendered and  those  which  may  be  reserved ;  and  on  the  present  occa- 
sion this  difficulty  was  increased  by  a  difference  among  the  several 
States  as  to  their  situation,  extent,  habits,  and  particular  interests. 

In  all  our  deliberations  on  this  subject,  we  kept  steadily  in  our 
view  that  which  appears  to  us  the  greatest  interest  of  every  true 
American — the  consolidation  of  our  Union — in  which  is  involved  our 
prosperity,  felicity,  safety,  perhaps  our  national  existence.  This  im- 
portant consideration,  seriously  and  deeply  impressed  on  our  minds, 
led  each  State  in  the  convention  to  be  less  rigid  on  points  of  inferior 
magnitude  than  might  have  been  otherwise  expected ;  and  thus  the 
Constitution  which  we  now  present  is  the  result  of  a  spirit  of  amity, 
and  of  that  mutual  deference  and  concession  which  the  peculiarity  of 
our  political  situation  rendered  indispensable. 

That  it  will  meet  the  full  and  entire  approbation  of  every  State,  ia 
not,  perhaps,  to  be  expected  ;  but  each  will  doubtless  consider  that, 
had  her  interest  been  alone  consulted,  the  consequences  might  have 
been  particularly  disagreeable  or  injurious  to  others;  that  it  is  liable 
to  as  few  exceptions  as  could  reasonably  have  been  expected,  we  tope 
and  believe  ;  that  it  may  promote  the  lasting  welfare  of  that  country 
80  dear  to  us  all,  and  secure  her  freedom  and  happiness,  is  our  most 
ardent  wish. 

With  great  respect,  we  have  the  honour  to  be,  sir,  your  excelleuAy's 
most  obedient,  humble  servants. 

By  unanimous  order  of  the  convention. 

GEORGE  WASHINGTON,  President, 

His  excellency  the  Pbesipent  of  CoNORjiss. 


ARTICLES 

isX    ADDITION    TO,    AND    AMENDMENT    OF, 

THE  CONSTITUTION 

OF   THE 

%\iitt)i  §tnlt%  d  imenta, 

Proposed  hy  Congress,  and  ratified  hy  the  Legislatures  of 
the  several  States,  pursuant  to  the  fifth  article  of  the 
original  Constitution, 

(ARTICLE  I.) 

Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech,  or  of  the  press ;  or  the 
right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  Government  for  a  redress  of  grievances. 

(ARTICLE   II.) 

A  well  regulated  Militia,  being  necessary  to  the  security 

of  a  free  State,  the  right  of  the  people  to  keep  and  bear 

Arms,  shall  not  be  infringed. 
48 


CONSTITUTION.  451 

(ARTICLE   III.) 
No  Soldier  shall,  in  time  of  peace  be  quartered  in  any 
house,  without  the  consent  of  the  Owner,  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

(ARTICLE  IV) 
The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  "Warrants  shall 
issue,  but  upon  probable  cause,  supported  by  Oath  or 
affirmation,  and  particularly  describing  the  place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

(ARTICLE  V.) 

No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  indict- 
ment of  a  Grand  Jury,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  Militia,  when  in  actual  service  in 
time  of  War  or  public  danger ;  nor  shall  any  person  be 
subject  for  the  same  offence  to  be  twice  put  in  jeopardy  of 
life  or  limb ;  nor  shall  be  compelled  in  any  Criminal  Case 
to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of  law ;  nor  shall 
private  property  be  taken  for  public  use,  without  just 
compensation. 

(ARTICLE   VI.) 

In  ail  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 


50  CONSTITLriONAL   TEXT-BOOK. 

the  State  and  district  wherein  the  crime  shall  have  beeii 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation ;  to  be  confronted  with  the  witnesses 
against  him;  to  have  Compulsory  process  for  obtaining 
"Witnesses  in  his  favour,  and  to  have  the  Assistance  of 
Counsel  for  his  defence. 

(ARTICLE  VII.)  - 
In  Suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved,  and  no  fact  tried  by  a  jury  shall  be  other- 
wise re-examined  in  any  Court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law 

(ARTICLE  VIII.) 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

(ARTICLE   IX.) 
The  enumeration  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

(ARTICLE  X.) 

The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  re- 
served to  the  States  respectively,  or  to  the  people. 


CONSTITUTION.  61 

(ARTICLE  XI.) 
The  Judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  com- 
menced or  prosecuted  against  one  of  the  United  States  by 
Citizens  of  another  State,  or  by  Citizens  or  Subjects  of 
any  Foreign  State. 

(ARTICLE  XII.) 
The  Electors  shall  meet  in  their  respective  states,  and 
V)te  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shail  not  be  an  inhabitant  of  the  same 
state  with  themselves  ;  they  shall  name  in  their  ballots  the 
person  voted  for  as  President,  and  in  distinct  ballots  the 
person  voted  for  as  Vice-President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of 
all  persons  voted  for  as  Vice-President,  and  of  the  number 
of  votes  for  each,  which  lists  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  President  of  the  Senate ; — 
The  President  of  the  Senate  shall,  in  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates and  the  votes  shall  then  be  counted ; — The  person 
having  the  greatest  number  of  votes  for  President,  shall 
be  the  President,  if  such  number  be  a  majority,  of  the 
whole  number  of  Electors  appointed ;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the 
highest  numbers  not  exceeding  three  on  the  list  of  those 
^oted  for  as  President,  the  House  of  Representatives  shall 


52  CONSTITUTIONAL   TEXT-BOOK. 

choose  immediately,  by  ballot,  the  President.  But  in 
choosing  the  President,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote  ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  states,  and  a  majority  of 
all  the  states  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President 
"whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  th«3 
Vice-President  shall  act  as  President,  as  in  the  case  of 
the  death  or  other  constitutional  disability  of  the  Presi- 
dent.— The  person  having  the  greatest  number  of  votes 
as  Vice-President,  shall  be  the  Vice-President,  if  such 
number  be  a  majority  of  the  whole  number  of  Electors 
appointed,  and  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose  shall 
consist  of  two-thirds  of  the  whole  number  of  Senators, 
and  a  majority  of  the  whole  number  shall  be  necessary  to 
a  choice.  But  no  person  constitutionally  ineligible  to  the 
office  of  President  shall  be  eligible  to  that  of  Vice-Presi- 
dent of  the  United  States, 


THE   PREAMBLE.  5t 


CHAPTER  IV. 

THE     PREAMBLE — DISTRIBUTION     OP    LEGISLATIVE     POWERS — 
THE   HOUSE   OP  REPRESENTATIVES. 

§  55.  A  CONSTITUTION  is  the  fundamental  law  of  a  coun- 
try, setting  forth  the  principles  upon  which  the  govern- 
ment is  founded,  the  political  and  individual  rights  of  the 
citizens,  and  the  manner  in  which  the  sovereign  powers 
are  organized,  distributed,  and  administered. 

§56.  This  fundamental  law  in  some  countries  is  con- 
tained in  a  single  written  instrument,  generally  called  the 
Constitution. 

In  other  countries  it  is  to  be  collected  from  ancient 
usages,  legislative  acts,  royal  grants,  judicial  decisions,  and 
other  sources. 

§  57.  The  Government  of  the  United  States  is  an  illus- 
tration of  the  first  case.  Here  there  is  a  written  constitu- 
tion,* and  every  act  of  Congress  contrary  thereto  is  uncon- 
stitutional, and  therefore  void. 

§  58.  England  is  an  illustration  of  the  second  case. 
There  we  find  no  written  constitution ;  but  the  funda- 
mental law  is  said  to  be  contained  in  ancient  usages,  acts 
of  Parliament,  and  decisions  of  the  courts.  No  act  of 
Parliament  can,  therefore,  be,  in  a  strict  sense,  and  in  our 
meaning  of  the  term,  unconstitutional,  or  can  be  declared 
to  be  such  by  the  courts,  for  the  general  power  of  Parlia- 
ment to  make  laws  is  unlimitei. 

6*  58 


64  CONSTITUTIONAL  TEXT-BOOK. 

§59.  The  Constitution  commences  with  the  following 
declaration : — 

"  We  the  People  of  the  United  States,  in  order  to  form 
a  more  perfect  Union,  establish  Justice,  insure  domestic 
Tranquillity,  provide  for  the  common  defence,  promote  the 
general  Welfare,  and  secure  the  Blessings  of  liberty  to 
ourselves  and  our  Posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America." 

§  60.  This  part  of  the  Constitution  has  been  termed  the 
Preamble,  though  it  was  not  so  named  by  its  framers.  A. 
preamble  is  the  commencement  of  a  statute,  which  declares 
the  design  or  motives  of  the  legislature  in  passing  it.  In 
the  present  instance  it  refers  to  some  of  the  evils  existing 
under  the  Articles  of  Confederation,  and  sets  forth  the 
benefits  sought  to  be  attained  by  the  establishment  of  the 
new  form  of  government. 

§  61.  The  objects  which  the  people  of  the  United  States 
had  in  view  in  establishing  the  present  Constitution,  are 
briefly  stated  to  be  six  in  number,  as  follow : — 

(1.)  To  form  a  more  perfect  union. 

(2.)  To  establish  justice. 

(3.)  To  insure  domestic  tranquillity. 

(4.)  To  provide  for  the  common  defence. 

(5.)  To  promote  the  general  welfare. 

(6.)  To  secure  the  blessings  of  liberty  to  themselves  and 
their  posterity. 

§  62.  The  preamble  is  not  an  enacting  part  of  the  Con- 
stitution, but  is  in  the  nature  of  a  recital.  It  does  not 
grarnt  any  powers,  nor  does  it  enlarge  or  lessen  any  of  the 
powers  clearly  given  in  the  body  of  the  Constitution.  Its 
only  purpose  is  to  explain  the  objects  or  motives  of  the 
framers  of  the  Constitution. 


LEGISLATIVE    POWERS.  65 

§  60.  There  are  three  great  departments  of  government: 

(1.)  The  Legislative. 

(2.)  The  Judicial. 

(3.)  The  Executive. 

The  Legislative  enacts  laws;  the  Judicial  interprets  and 
applies  them ;  the  Executive  enforces  them. 

§64.  The  Constitution  of  the  United  States  separates 
these  three  departments,  makes  each  one  independent  of 
the  others,  and  places  them  in  different  hands.  The 
Constitutions  of  the  States  have  also  done  so  ;  for  expe- 
rience has  shown  that  the  separation  of  these  powers  is 
far  more  favourable  to  liberty  than  is  their  union  in  the 
same  person.  The  first  article  of  the  Constitution  treats 
of  the  legislative  department ;  the  second  article,  of  the 
executive  department;  the  third  article,  of  the  judicial. 

ARTICLE  L 

The  first  article  treats  of  the  legislative  department  of 
the  government. 

"  Section  1.  All  legislative  powers  herein  granted  shall 
be  vested  in  a  Congress  of  the  United  States,  which  shall 
consist  of  a  Senate  and  House  of  Representatives." 

§  65.  By  the  Articles  of  Confederation,  the  legislature 
consisted  of  only  one  body.  Instances  of  a  single  legis- 
lative body  are  also  found  in  the  first  Constitution  of 
Georgia,  and  of  Pennsylvania,  and  in  the  Constitution  of 
Vermont  prior  to  the  amendments  of  1828;  but  in  the 
constitutional  convention,  all  the  States,  except  Pennsyl- 
vania, were  in  favour  of  dividing  Congress  into  two  distinct 
bodies — a  Senate  and  a  House  of  Representatives. 

§  66.  In  England,  the  Parliament  consists  not  only  of 


56  CONSTITUTIONAL    TEXT-EOOK. 

the  House  of  Lords  and  the  House  of  Commons,  but  of 
the  king  in  his  political  capacity.  With  us,  Congress 
means  the  Senate  and  House  of  Representatives,  and  does 
not  include  the  President. 

§67.  The  advantages  of  vesting  the  legislative  powers 
in  two  branches  are  chiefly  the  following.  It  is  more  apt 
to  check  hasty  legislation  and  temporary  excitement  by 
delaying  the  final  passage  of  a  proposed  law  until  there 
shall  have  been  ample  time  for  reflection  and  inquiry.  It 
makes  it  less  likely  that  laws  will  be  passed  from  private 
and  personal  influence,  for  in  a  single  assembly  of  men  it 
generally  happens  that  there  are  a  few  leaders  who  exer- 
cise great  control  over  the  others.  It  increases  the  proba- 
bility that  good  laws  will  be  passed,  because  they  may  be 
altered,  and  must  be  revised  and  concurred  in,  by  a  sepa- 
rate and  independent  body. 

"  Section  2.  [Clause  1.]  The  House  of  Representatives 
shall  be  composed  of  Members  chosen  every  second  Year 
by  the  People  of  the  several  States,  and  the  Electors  in 
each  State  shall  have  the  Qualifications  requisite  for 
Electors  of  the  most  numerous  Branch  of  the  State 
Legislature." 

§  68.  Under  the  Articles  of  Confederation,  the  delegates 
to  Congress  were  appointed  for  one  year,  in  such  manner 
as  the  State  legislatures  should  direct,  with  power  reserved 
to  the  States  to  recall  their  delegates  within  the  year,  and 
send  others  in  their  place  for  the  remainder  of  the  year. 
(Art.  y.  §1.)  The  delegates  were,  in  fact,  chosen  by  the 
State  legislatures,  except  in  Rhode  Island  and  Connecti- 
cut, where  they  were  chosen  by  the  people.  The  Consti- 
tiu^^^ion  changed  this  system  by  requiring  the  representatives 


HOUSE   OF   REPRESENTATIVES.  0( 

to  be  elected  by  the  people  of  the  several  States,  and  by 
extending  the  term  of  service  to  two  years. 

§  69.  The  Constitution  does  not  prescribe  uniform  quali- 
fications  for  those  who  may  vote  for  representatives.  The 
differences  in  the  qualifications  of  voters  in  the  several 
States  were  so  great,  and  each  State  was  so  strongly 
attached  to  its  own  provisions  on  the  subject,  that  an 
attempt  to  introduce  uniformity  of  qualifications  through- 
out all  the  States  might  have  resulted  in  a  rejection  of  the 
whole  Constitution.- 

§  70.  This  clause  avoids  the  difficulty  by  declaring  that 
all  who  are  qualified  to  vote  for  members  of  the  most 
numerous  branch  of  the  State  legislature,  shall  be  quali- 
fied to  vote  for  representatives  in  Congress.  If,  therefore, 
we  wish  to  ascertain  what  persons  in  a  particular  State 
are  qualified  to  vote  for  members  of  Congress,  we  must 
consult  the  Constitution  or  laws  of  that  State,  and  ascer- 
tain who  are  qualified  to  vote  for  members  of  the  most 
numerous  branch  of  the  State  legislature ;  the  Constitu- 
tion of  the  United  States  declares  that  the  qualifications 
of  the  voters  shall  be  the  same  in  both  cases. 

§  71.  If  popular  elections  take  place  at  long  intervals, 
they  do  not  properly  represent  the  will  of  the  people  ;  if 
they  are  too  frequent,  society  is  kept  in  a  state  of  excite- 
ment, and  public  measures  become  uncertain  and  fluctuat- 
ing ;  besides,  much  inconvenience  is  thus  occasioned  to 
communities  spread  over  a  large  extent  of  territory,  and 
expense  is  incurred  and  time  lost  in  travelling  to  and  from 
the  place  of  voting. 

§  72.  The  period  of  service  in  the  legislature  should  not 
bo  so  long  that  members  will  begin  to  lose  their  feeling 
of  responsibility  to  the  people  who  have  elected  them ; 
nor  should  it  be  so  short  as  to  expire  just  at  the  lime  they 


58 


CONSTITUTIONAL   TEXT-BOOK. 


have  acquired  a  practical  knowledge  of  public  affairs  and 
the  details  of  business.  A  proper  medium  is  to  be  selected 
between  those  two  extremes. 

§73.  The  framers  of  the  Constitution  thought  that 
elections  for  representatives  once  in  two  years  were  suffi- 
ciently frequent ;  hence  it  is  provided  by  this  section  that 
representatives  shall  be  chosen  every  second  year.  In 
England,  members  of  Parliament  occupy  their  seats  for 
seven  years,  which  is  the  duration  of  each  Parliament, 
unless  dissolved  sooner  by  the  king.  By  the  Articles  of 
Confederation,  the  delegates  to  Congress  were  chosen  every 
year.  The  Constitution  went  into  operation,  March  4, 
1789,  and  the  term  of  service  in  the  House  of  Eepresenta- 
tives  consequently  commenced  at  that  time,  and  continued 
for  two  years.  On  the  fourth  day  of  March,  therefore, 
in  every  other  year,  there  is  said  to  be  a  new  Congress.* 


*  As  in  public  documents  and  official  proceedings,  the  Congresses 
are  frequently  referred  to  by  their  successive  numbers,  as  the  first, 
second,  third,  fourth,  &c.,  it  has  been  thought  that  the  following  table, 
showing  the  commencement  of  the  first  session  of  each  Congress,  will 
be  found  useful  for  reference : 


Assembled. 

Ist  Congress March  4,  1789. 

2d  Congress Oct.  24,  1791. 

3d  Congress Dec.  2,  1793. 

4th  Congress Dec.  7,  1795. 

5th  Congress May  15,  1797. 

6th  Congress Dec.  2,  1799. 

7th  Congress March  4,  1801. 

8th  Congress Oct.  17,  1803. 

9th  Congress Dec.  2,  1805. 

10th  Congress Oct.  26, 1807. 

11th  Congress May  22,  1809. 

12th  Congress Nov.  4,  1811. 

13th  Congress May  24,  1813. 

Hth  Congress Dec.  4,  1815. 

15th  Congress Dec.  1,  1817. 

16th  Congress Dec.  6,  1819. 

i7th  Congress Dec.  3,  1821. 


Assembled. 

18th  Congress Dec.  1,  1823. 

19th  Congress Dec.  5,  1825. 

20th  Congress Dec.  3,  1827. 

2l8t  Congress  Dec.  7,  1829. 

22d  Congress Dec.  5,  1831. 

23d  Congress Dec.  2,  1833. 

24th  Congress  Dec.  7,  1835. 

25th  Congress Sept.  4,  1837. 

26th  Congress Dec.  2,  1839. 

27th  Congress May  31,  1841. 

28th  Congress Dec.  4,  1843. 

29th  Congress Dec.  1,  1845. 

30th  Congress Dec.  6,  1847. 

31st  Congress  Dec.  3,  1849 

32d  Congress  Dec.  1,  1851. 

33d  Congress Dec.  5,  1853 


HOtJSE  OJ"   REl»IlESENTATlVi:S.  59 

[Clause  2.]  "  No  Person  shall  be  a  Representative  who 
shall  not  have  attained  to  the  Age  of  twenty  five  Years, 
and  been  seven  Years  a  Citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  Inhabitant  of  that 
State  in  which  he  shall  be  chosen." 

§  74.  The  qualifications  of  a  representative  consist  of 
these  three  particulars  : — 

(1.)  He  must  be  not  less  than  twenty-five  years  of  age. 

(2.)  He  must  have  been  a  citizen  of  the  United  States 
for  seven  years. 

(3.)  He  must  be  an  inhabitant  of  the  State  in  which  he 
shall  be  chosen. 

These  are  the  only  qualifications  established  by  the 
Constitution,  and  the  better  opinion  is  that  the  States  have 
no  right  to  require  other  or  difiierent  qualifications. 

§  75.  A  representative  is  not  required  to  be  a  citizen  of 
the  United  States  by  birth.  If  a  foreigner  by  birth,  he 
may  become  a  citizen  by  naturalization,  and  then  becomes 
eligible  as  a  representative  after  a  citizenship  of  seven 
years. 

§  76.  At  the  time  of  the  adoption  of  the  federal  Con- 
stitution, many  of  the  inhabitants  of  the  colonies,  and 
many  who  had  fought  bravely  in  the  Revolutionary  war, 
were  emigrants  from  Europe,  and  it  was  deemed  just  that 
they  should  be  entitled  to  share  in  the  offices  and  honours 
of  the  new  government  which  they  had  aided  in  establish- 
ing. They  were,  therefore,  made  eligible  as  representatives, 
though  the  limitation  of  a  previous  seven  years'  citizen- 
bhip  was  thought  necessary,  lest  such  representatives 
might  be  disposed  to  favour  their  native  country  in  ma- 
naging the  foreign  affairs  and  other  subjects  of  legislation. 
An  alien  must  reside  here  five  years  before  he  becomes  a 


60  CONSTITUTIONAL    lEXT-EOOK. 

citizen ;  this,  added  to  the  seven  years  of  citizenship- 
which  the  above  clause  requires,  amounts,  in  all,  to  twelve 
years  of  previous  residence  before  he  is  eligible  as  a 
representative. 

§  77.  The  representative  must  be  an  inhabitant  of  the 
State  in  which  he  is  chosen.  It  is  not  required  that  he 
should  be  a  resident  of  the  particular  district  from  which 
he  has  been  chosen,  nor  that  he  should  have  resided  either 
in  the  district  or  the  State  for  any  definite  length  of  time 
before  ibis  election.  Nor  is  it  said  that  he  shall  lose  his 
seat  if  he  remove  from  his  State  or  district  during  the  two 
years.  It  is  not  necessary  that  he  should  possess  a  certain 
amount  of  property,  or  profess  any  particular  form  of 
religious  belief. 

[Qlause  3.]  "  Representatives  and  direct  Taxes  shall  be 
apportioned  among  the  several  States  which  may  be  in- 
cluded within  this  Union,  according  to  their  respective 
Numbers,  which  shall  be  determined  by  adding  to  the 
whole  Number  of  free  Persons,  including  those  bound  to 
Service  for  a  Term  of  Years,  and  excluding  Indians  not 
taxed,  three  fifths  of  all  other  Persons.  The  actual  Enu- 
meration shall  be  made  within  three  Years  after  the  first 
Meeting  of  the  Congress  of  the  United  States,  and  within 
every  subsequent  Term  of  Ten  Years,  in  such  Manner  as 
they  shall  by  Law  direct.  The  Number  of  Representa- 
tives shall  not  exceed  one  for  every  thirty  Thousand,  but 
each  state  shall  have  at  Least  one  Representative ;  and 
until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  chuse  three,  Massachusetts 
eight,  Rhode  Island  and  Providence  Plantations  one,  Con 


EEPRESENTATION   AND   TAXATION.  6] 

necticut  five,  New  York  six,  New  Jersey  four,  Pennsylva- 
nia eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North 
Carolina  five,  South  Carolina  five,  and  Georgia  three." 

§  78.  A  tax  is  a  duty  laid  by  government  for  its  service, 
on  the  person,  property,  or  income,  of  individuals.  Taxes 
are  of  two  kinds,  direct  and  indirect.  A  direct  tax  is  laid 
directly  on  the  income  or  property  itself;  for  instance,  on 
lands  or  houses.  An  indirect  tax  is  one  laid  on  articles  of 
production  or  consumption. 

Direct  taxes  are  seldom  levied,  except  when  other 
sources  of  income  fail.  The  only  instances  of  them  under 
the  Constitution,  were  in  1708,  1813,  and  1815. 

This  clause  requires  that  direct  taxes  shall  be  appor- 
tioned among  the  States,  according  to  their  population 
respectively.  The  subject  of  taxation  will  be  considered 
more  fully  hereafter. 

§  79:  By  the  Articles  of  Confederation,  (Art.  8,)  the 
expenses  of  the  United  States  for  the  common  defence  and 
general  welfare,  were  to  be  paid  by  each  State  in  propor- 
tion to  the  value  of  land  surveyed  to  individuals,  together 
with  the  improvements  and  buildings  thereon.  This  placed 
the  liability  of  a  State  to  direct  taxation  upon  the  basis  of 
property,  whereas  the  Constitution  places  it  upon  the  basis 
of  population. 

§  80.  The  representative  population  of  the  States,  that 
is,  their  population  for  the  purposes  of  representation,  is 
ascertained  by  taking  the  whole  number  of  free  persons, 
including  those  bound  to  service  for  a  term  of  years,  and 
adding  thereto  three  fifths  of  all  other  persons. 

The  Indians  that  remain  in  the  States  are  included  in 
the  number  of  free  persons  if  they  are  taxed. 

The  representative  population,  as  thus  estimated,  will 


62  CONSTITUTIONAL   TEXT-BOOK. 

consequently  be  less  than  tlie  total  population.  By  tho 
census  of  1850,  the  representative  population  of  the  Uniteo 
States  was  computed  at  21,767,673  persons;  while  the 
total  population  Was  returned  as  23,191,876. 

§  81.  The  words  "  other  persons"  are  generally  supposed 
to  refer  to  slaves.  Some  of  the  States  were  in  favour  of, 
and  others  opposed  to,  including  that  class  in  the  estimate 
of  the  population  of  a  State,  so  as  to  increase  the  number 
of  its  representatives.  Conflicting  opinions  existed  which 
were  maintained  with  great  bitterness.  There  were  slaves 
in  all  the  States  when  the  Constitution  was  adopted, 
though  some  contained  a  much  greater  number  than 
others. 

§  82.  This  clause  was  finally  adopted  as  a  compromise  ; 
and  it  was  agreed,  not  that  all,  but  only  three-fifths  of  the 
slaves  should  be  included  in  the  representative  population 
of  the  States,  and  that  direct  taxes  should  be  apportioned 
in  the  same  manner.  Thus  the  States  in  which  there  was 
a  large  number  of  slaves,  while  they  were  allowed  an 
increase  of  representatives  on  account  of  the  slave  popu- 
lation, were  also  subjected  in  like  proportion  to  an  in- 
creased burden  of  direct  taxation. 

§  83.  In  order  to  ascertain  the  population  of  the  States, 
80  as  to  apportion  the  representatives  an  i  direct  taxes,  a 
general  enumeration  of  the  inhabitants  of  all  the  States 
is  directed  to  be  taken  within  three  years  after  the  first 
meeting  of  Congress,  and  within  every  subsequent  term 
of  ten  years,  in  such  manner  as  Congress  may  direct. 
This  enumeration  is  called  the  census.  In  ancient  Rome 
(from  whose  language  the  word  is  derived)  the  census  was 
an  enumeration  of  the  number  of  Roman  citizens,  including 
a  valuation  of  each  one's  property,  and  a  registration  of 
his  tribe,  family,  children,  and  servants. 


CENSUS    OF   THE   POPULATION.  63 

§  84.  The  census  of  the  United  States  has  been  taken 
seven  times,  namely,  in  1790,  1800,  1810,  1820,  1830, 
1840,  and  1850.  The  duty  of  taking  the  census  has  been 
intrusted  chiefly  to  the  marshals  of  the  United  States, 
(who  are  the  executive  officers  of  the  federal  courts,  corre- 
sponding to  the  sheriffs  in  the  States,)  and  to  assistants 
appointed  by  them. 

§  85.  According  to  the  act  of  Congress  regulating  this 
subject,  each  marshal  divides  his  district  into  smaller  divi- 
sions, not  exceeding,  twenty  thousand  persons  in  each,  and 
appoints  an  assistant  for  each  subdivision.  Each  assistant 
then  visits  personally  every  dwelling-house  and  family  in 
his  subdivision,  and  makes  the  inquiries  of  some  member 
of  the  family  which  are  required  by  the  act  of  Congress. 
These  inquiries  must  be  answered,  or  a  penalty  of  thirty 
dollars  is  forfeited  to  the  use  of  the  United  States.  The 
expense  of  taking  the  last  census  was  $1,318,027.53. 

§  86.  The  census  has  not  been  restricted  to  a  mere  enu- 
meration of  the  inhabitants  of  the  States  ;  but  has  in- 
cluded a  collection  of  interesting  and  valuable  statistics 
and  facts  relating  to  agriculture,  commerce,  mines,  manu- 
factures, education,  and  other  subjects,  so  as  to  exhibit  a 
full  view  of  the  pursuits,  industry,  resources,  and  produc- 
tions of  the  country.  The  general  results  of  thb  census 
are  then  printed  and  published  under  the  authority  of 
Congress. 

§  87.  The  following  diagram  shows  the  comparative 
total  population  of  the  several  States  and  territories  of 
the  Union  during  successive  periods  of  ten  years  each, 
or  at  each  census,  since  1790.  In  the  first  column,  the 
States  are  arranged  in  the  order  of  their  relative  rank  at 
that  time — Virginia  being  first,  Massachusetts  the  second, 
and  Tennessee  the  least  populous  of  all  the   States  of 


64 


CONSTITlTTIONAL   TEXT-BOOK. 


■which  the  Union  was  then  composed.*  In  the  last  column, 
the  States  are  arranged  in  the  order  of  their  rank,  as  de- 
termined bj  the  census  of  1850,  New  York  having  be- 
come the  first,  Virginia  the  fourth,  Massachusetts  the 
sixth,  and  Tennessee  the  fifth. 


Rank  in  1790.  I^i 


-^  Hank  in  1853. 


Va.  . 
Mass. 
Penn. 
N.  C. 
N.  Y. 
Md.  . 
S.  C. 
Conn. 
N.J. 
N.  H. 
Vt. .  . 
Ga.  . 
Ky.  . 
K.I. . 
Del.  . 
Term. 


1 

1 

--s.^      1 

■^v^^,— -^ 

^xT 

^XCZl 

X 

1          t^xl 

>^^ 

i:i>^--^j^x^ 

1     X  / 

^<^ 

^x^ 

^^XT/S 

X^S 

^^ 

'--x: 

^i(^^ 

^--><r 

p>^ 

\/ 

><^ 

^^^yc' 

^--^ 

\--^^^^ 

/^    \ 

S^ 

^v/ 

"y 

hx 

>/: 

M^i;^ 

^---^ 

/  ^ 

y^^ 

N<' 

?^^^          V""^ — / 

^^ 

"^-^ 

7\r^    1^  A 

><-. 

X. 

lis/^ 

Ohio 

i^Mi 

\ 

^^ 

Dist.Col, 

,  ^ 

X 

Miss. 

s 

^la.:>c^ 

/^^V^ 

vQy  rx:! 

Ind. 

X    ><  \ 

[      y>v^\| 

N^^ 

V    //42s^^ 

Mis.      . 

\        \ 

r^4v^ 

N<^ 

in.    ,rv^ 

><\ 

IX  \ 

uir\.  ^^-s:ri/  \ 

^    N 

ArlN 

Flo.     , 

^^ 

■^z    \ 

\J\^s. 

Wis. 

f\\\ 

\  \ 

\ 

\ 

1 

N.  Y. 

2 

Penn. 

3 

Ohio. 

4 

Va. 

5 

Tenn. 

6 

Mass. 

7 

Inda. 

8 

Ky. 

9 

Ga. 

10 

N.  C. 

11 

111. 

12 

Ala. 

13 

Mo. 

14 

S.  C. 

15 

Miss. 

16 

Maine 

17 

Md. 

18 

La. 

19 

N.J. 

20  Mich. 

21 

Conn. 

22 

N.  H. 

23 

Vt. 

24 

Wis. 

25 

Texas 

26 

Arks. 

27 

Iowa. 

28 

R.  I. 

29 

Cal. 

30  Del. 

31 

Fla. 

S2 

N.M.T. 

33 

D.  C. 

34 

0.  T. 

35 

U.  T. 

S6 

M.  T. 

*  This  diagram  was  prepared  by  Professor  Gillespie  of  Union  Col- 
lege, who  has  obligingly  assented  to  its  publication  here. 


HOUSE   OF   REPRESENTATIVES.  65 

§  88.  The  heavy  lines  extending  in  a  zigzag  course  from 
the  first  to  the  last  column  exhibit  the  rise  or  fall  of  the 
States  in  each  period  of  ten  years.  Thus  Kentucky, 
which  stood  thirteenth  in  1790,  rose  to  be  ninth  during 
the  first  period,  to  be  seventh  during  the  second  period,  to 
be  sixth  during  the  third  period,  and  continued  to  hold 
that  rank  for  two  periods,  until  1840,  when  she  began  to 
decline,  and  in  1850  she  appears  as  the  eighth  State. 
Michigan,  which  stood  twenty-fourth  in  1810,  was  twenty- 
seventh  in  1820  aad  in  1830,  twenty-third  in  1840,  and 
twentieth  in  1850.  Thus,  by  following  the  line  of  each 
State,  we  may  trace  its  comparative  rise  and  fall  at  each 
successive  census. 

§  89.  The  clause  under  consideration  provides  that  there 
shall  be  one  representative  for  every  thirty  thousand  in- 
habitants. If  the  population  of  a  State  does  not  reach 
that  number,  it  is,  nevertheless,  entitled  to  one  representa- 
tive. The  first  apportionment  of  representatives  among 
the  several  States  was  merely  temporary,  and  intended  to 
exist  only  until  the  first  census.  As  the  population  of  the 
country  has  increased,  the  number  of  representatives  has 
been  increased  by  various  acts  of  Congress. 

§  90.  The  first  House  of  Representatives  consisted  of 
65  members,  which  was  one  for  every  30,000  inhabitants. 
By  the  census  of  1790,  there  were  constituted  106  repre- 
sentatives— one  for  every  33,000  inhabitants.  By  that 
of  1800,  142  representatives — one  for  every  33,000  in- 
habitants. By  that  of  1810,  183  representatives — one  for 
every  35,000  inhabitants.  By  that  of  1820,  213  repre- 
sentatives— one  for  every  40,000  inhabitants.  By  that 
of  1830,  242  representatives — one  for  every  47,700  in- 
habitants. By  that  of  1840,  223  representatives — one  for 
every  70,680  inhabitants.     By  the  act  of  May  23,  1850, 

6* 


66  CONSTITUTIONAL   TEXT-BOOK. 

the  number  of  representatives  was  increased  to  233  members 
from  the  States,  which  is  one  for  every  93,423  inhabitants. 
Subsequently  an  additional  member  was  allowed  to  Cali- 
fornia, making  the  whole  number  of  representatives  234. 
There  is  also  one  delegate  from  each  of  the  organized  ter- 
ritories, viz.  Oregon,  Minnesota,  Utah,  New  Mexico,  Wash- 
ington, Kansas,  and  Nebraska. 

Every  territory,  in  which  a  regularly  organized  territo- 
rial government  has  been  established  by  act  of  Congress, 
is  entitled  to  have  one  representative  in  Congress,  who 
may  participate  in  the  debates,  but  cannot  vote.  Such 
territories  are  generally  called  organized  territories. 

§  91.  An  act  of  Congress  of  May  23,  1850,  directs  the 
Secretary  of  the  Interior,  after  each  enumeration  of  the 
inhabitants  of  the  States,  to  ascertain  the  entire  repre- 
sentative population  of  the  United  States,  by  adding  to 
the  whole  number  of  free  persons  in  all  the  States,  in- 
cluding those  bound  to  service  for  a  term  of  years,  and 
excluding  Indians  not  taxed,  three-fifths  of  all  other  per- 
sons. He  is  then  to  divide  the  aggregate  population  as 
thus  ascertained,  by  233,  the  number  of  representatives 
fixed  by  the  act,  and  the  result  of  that  division,  rejecting 
any  fractions  or  remainders  which  may  be  left,  shall  be 
the  ratio  or  rule  of  apportionment  of  representatives 
among  the  several  States.  He  then  divides  the  repre- 
sentative population  of  each  State  by  the  ratio  thus  deter- 
mined, and  the  result  of  this  last  division  gives  the  number 
of  representatives  apportioned  to  such  State.  The  aggre- 
gate of  representatives  ascertained  in  this  way  is  less 
than  233. 

§  92.  The  loss  in  the  number  of  members  is  caused  by 
the  fractions  remaining  in  the  several  States  on  the  division 
of  their  population  by  the  ratio,  and  is  compensated  by 


HOUSE    OF    REPRESENTATIVES.  67 

4 

assigning  to  so  many  States  having  the  largest  fraction, 
one  additional  member  each,  for  its  fraction,  as  may  be 
necessary  to  make  the  whole  number  of  representatives 
amount  to  233.  When  the  apportionment  is  completed, 
the  Secretary  of  the  Interior  sends  a  certificate  thereof 
to  the  House  of  Representatives,  and  to  the  Executive  of 
each  State  a  certificate  of  the  number  of  representatives 
apportioned  to  such  State. 

§  93.  Thus,  by  dividing  the  aggregate  representative 
population  of  the  States,  which  by  the  last  census  was 
ascertained  to  be  21,767,673,  by  233,  the  number  of  re- 
presentatives established,  as  we  have  seen,  by  law,  a  quo- 
tient of  93,423  is  obtained  as  the  ratio  of  representation ; 
this  ratio,  being  divided  into  the  representative  population 
of  each  State  respectively,  gives  a  total  of  219  representa- 
tives ;  California,  Delaware,  and  Florida  each,  returned 
in  the  census  as  having  a  population  less  than  the  ratio, 
are,  nevertheless,  by  the  clause  we  are  now  considering, 
each  entitled  to  one  representative,  which  increases  the 
total  number  to  222.  This  still  leaves  eleven  representa- 
tives, who,  by  the  act  above  mentioned,  are  to  be  assigned 
to  the  eleven  States  having  the  highest  fractions. 

§  94.  By  a  special  act  of  July  30,  1852,  an  additional 
representative  is  allowed  to  California  until  a  new  appor- 
tionment, in  consequence  of  the  defectiveness  of  the  census 
returns  for  that  State ;  and,  until  such  new  apportion- 
ment, the  whole  number  of  representatives  from  the  States 
was  increased  to  234. 

§  95.  As  the  House  of  Representatives  is  at  present 
constituted,  there  are  four  modes  in  which  i  State  may  be 
entitled  to  a  representative  : 

(1.)  By  the  ratio  of  representation. 

(2.)  By  its  large  fraction. 


68 


CONSTITUTIONAL  ^TEXT-BOOK. 


(3.)  Bj  the  constitutional  provision  that  "each  State 
shall  have  at  least  one  representative." 

(4.)  By  special  law. 

§  96.  The  following  table  shows  how  the  representatives 
are  distributed  among  the  States  according  to  the  above 
modes : — 


Maine 

New  Hampshire. 

Vermont* 

Massachusetts... 
Rhode  Island.... 

Connecticut 

New  York 

New  Jersey 

Pennsylvania  . ... 

Delaware 

Maryland 

Virginia 

North  Carolina.. 
South  Carolina.. 

Georgia 

Florida 

Alabama 

Mississippi 

Louisiana 

Texas 

Arkansas  

Tennessee 

Kentucky......... 

Missouri 

Ohio...  

Michigan 

!  Indiana 

Illinois 

Wisconsin 

loAva 

California 


L, 


By  ratio. 


6 

a 

3 
10 

1 

3 
33 

5 
24 

"5 

13 

8 

5 

8 


5 
4 
2 
2 
9 
9 
6 

21 
4 

10 
9 
3 
2 


219 


By  frac- 
tioa. 


11 


By  provi- 

siou  of 
the  Con- 
stitution. 


I 


6 
3 
3 

11 
2 
4 

33 
6 

25 
1 
6 

13 
8 
6 
8 
1 
7 
5 
4 
2 
2 

10 

10 
7 

21 
4 

11 
9 
3 
2 
2 


234 


[Clause   4.]    "When    vacancies    happen    in    the   Re- 
presentation  from    any   State,  the   Executive   Authority 


HOUSE   OF   REPRESENTATIVES.  69 

thereof   shall   issue   Writs  of  Election   to   fill  such   Va- 


cancies. 


§  97.  This  clause  provides  that  when  vacancies  occur  in 
the  representation  from  any  State,  the  governor  thereof  may 
issue  writs  for  a  special  election  to  fill  the  vacancy.  Those 
who  are  elected  in  pursuance  of  such  writs  are  not  elected 
for  a  full  term,  but  only  for  the  unexpired  portion  of  the 
term  which  has  become  vacant. 

[Clause  5.]  "  The  House  of  Representatives  shall  chuse 
their  Speaker  and  other  officers ;  afid  shall  have  the  sole 
Power  of  Impeachment." 

§  98.  The  House  of  Representatives  at  the  commence- 
ment of  each  session  elects  a  Speaker,  who  is  the  presiding 
officer  of  the  house. 

In  England,  the  Speaker  of  the  House  of  Commons  is 
chosen  by  the  house;  but  he  must  be  approved  by  the 
king.  The  king's  approbation  is  now  always  taken  for 
granted,  though  formerly  it  was  necessary  that  it  should 
be  expressly  given. 

§  99.  The  officers  of  the  House  of  Representatives,  in 
addition  to  the  Speaker,  are — a  clerk,  who,  with  his  assist- 
ants, keeps  the  records  and  journals  of  the  proceedings  of 
the  house;  a  sergeant-at-arms,  who  executes  the  com- 
mands of  the  house ;  a  doorkeeper ;  and  a  postmaster,  who 
superintends  the  post-office  kept  in  the  Capitol  for  the 
accommodation  of  the  members.  The  clerk  is  required  to 
take  an  oath  or  affirmation  to  discharge  truly  and  faith- 
fully his  duties  to  the  best  of  his  knowledge  and  ability. 
He  also  gives  security  to  account  for  all  public  money 
coming  into  his  hands.  The  sergeant-at-arms  and  door 
keeper  are  sworn  to  keep  the  secrets  of  the  house.     A 


70  CONSTITUTIONAL  TEXT-BOOK. 

clergyman  is  also  usually  chosen,  every  session,  to  act  as 
chaplain,  who  offers  prayer  at  the  opening  of  each  morn- 
ing session,  and  performs  such  other  religious  services  aa 
may  be  required. 

The  subject  of  impeachment  will  be  spoken  of  hero- 
after. 


CHAPTER  V. 

THE    SENATE. 

[Clause  1.]  "The  Senate  of  the  United 
States  shall  be  composed  of  two  Senators  from  each  State, 
chosen  by  the  Legislature  thereof,  for  six  Years ;  and  each 
Senator  shall  have  one  Vote." 

§100.  The  Senate  constitutes  the  other  branch  of  the 
legislative  power.  Senators  are  elected,  not  directly  by 
the  people,  as  representatives  are,  but  by  the  legislatures  of 
the  respective  States.  In  the  Senate,  the  States,  having 
each  two  delegates,  are  placed  upon  an  equal  footing, 
while  in  the  House  they  are  represented  in  proportion  to 
their  population.  In  this  respect,  the  Constitution,  by 
giving  to  each  State  an  equal  voice  in  the  Senate,  without 
regard  to  difference  of  population,  wealth,  or  dimensions, 
resembles  the  old  Confederation. 

§  101.  The  Constitution  does  not  prescribe  the  mode  in 
which  the  legislatures  are  to  elect  senators.  In  most  of 
the  States  the  senators  are  chosen  by  a  joint  vote,  that  is, 
both  branches  of  the  State  legislature  meet  together  and 
voW  as  if  they  constituted  a  single  body ;  but  in  some  of 
fcW  States  each  branch  votes  separately,  and  both  must 


THE    SENATE.  71 

agree  Id  the  choice  of  the  same  candidate ;  this  is  termed 
a  concurrent  vote. 

§  102.  Under  the  Articles  of  Confederation,  the  votes  in 
Congress  were  taken  by  States,  so  that  each  State  had  but 
one  vote,  no  matter  what  was  the  number  of  its  representa- 
tives. The  provision  in  the  Constitution  that  each  senator 
shall  have  one  vote,  was  intended  to  introduce  a  different 
mode  of  voting. 

§  103.  If  all  the  States,  or  a  majority  of  them,  should  re- 
fuse to  elect  senators,  the  legislative  powers  of  the  Senate 
would  be  suspended ;  but  if  any  one  State  should  refuse 
to  elect  them,  the  Senate  would  not,  on  that  account,  be 
the  less  capable  of  performing  all  its  proper  business. 

[Clause  2.]  "  Immediately  after  they  shall  be  assembled 
in  Consequence  of  the  first  Election,  they  shall  be  divided 
as  equally  as  may  be  into  three  Classes.  The  Seats  of 
the  Senators  of  the  first  Class  shall  be  vacated  at  the 
Expiration  of  the  second  Year,  of  the  second  Class  at  the 
Expiration  of  the  fourth  Year,  and  of  the  third  class  at  the 
Expiration  of  the  sixth  Year,  so  that  one-third  may  be 
chosen  every  second  Year ;  and  if  Vacancies  happen  by 
Resignation,  or  otherwise,  during  the  Recess  of  the  Legis- 
lature of  any  State,  the  Executive  thereof  may  make 
temporary  Appointments  until  the  next  Meeting  of  the 
Legislature,  which  shall  then  fill  such  Vacancies." 

§  104.  By  this  clause  the  Senate  is  changed  gradually,  so 
that,  although  new  members  are  constantly  coming  in,  there 
are  always  in  the  Senate  some  of  the  older  and  more  expe- 
rienced members.  Every  two  years  one-third  of  the  mem- 
bers retire,  and  are  replaced  by  others.     In  the  original 


72  CONSTITUTIONAL   TEXT-BOOK. 

division  of  the  members  into  classes,  the  senators  from 
each  State  were  placed  in  separate  classes,  in  order  that 
their  terms  of  service  might  expire  at  different  periods,  and 
that  there  might  not  be  a  vacancy  at  the  game  time  in  the 
seats  of  both  senators  from  the  same  State.  Senators 
from  new  States  are  placed  in  the  classes  bj  lot,  but  in 
such  manner  as  shall  keep  the  classes  as  nearly  equal  as 
may  be. 

§  105.  In  order  that  a  State  shall  not  be  unrepresented 
on  account  of  the  death  or  resignation  of  its  senators,  or 
otherwise,  the  governor  of  a  State  is  authorized  to  fill,  by  his 
appointment,  vacancies  that  occur  when  the  legislature  of 
the  State  is  not  in  session.  Such  appointments  are  tempo- 
rary, and  continue  only  till  the  meeting  of  the  legislature, 
when  another  senator  is  elected.  If  the  vacancy  occurs 
when  the  legislature  is  in  session,  it  is  to  be  filled  by  an 
election  by  that  body. 

§  106.  It  appears  to  have  been  decided  by  the  Senate  of 
the  United  States  in  1825,  that  the  governor  of  a  State  can- 
not make  an  appointment  in  the  recess  of  a  State  legisla- 
ture to  fill  a  vacancy  which  will  happen,  but  ,has  not  hap- 
pened at  the  time  of  the  appointment.  He  must  wait 
until  the  vacancy  has  actually  occurred  before  he  can 
constitutionally  appoint. 

[Clause  3.]  "No  person  shall  be  a  Senator  who  shall 
not  have  attained  to  the  Age  of  thirty  Years,  and  been 
nine  Years  a  Citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  Inhabitant  of  that  State  for  which 
he  shall  be  chosen." 

§  107.  The  qualifications  of  a  senator  consist  of  these 
three  particulars: 


THE   SENATE.  7H 

(1.^  He  must  have  attained  to  the  age  of  thirty  years. 

(2.)  He  must  have  been  nine  years  a  citizen  of  the 
United  States. 

(3.)  He  must,  when  elected,  be  an  inhabitant  of  the 
State  for  which  he  is  chosen. 

§  108.  A  senator  must  be  at  least  thirty  years  of  age,  be- 
cause the  knowledge  and  experience  of  mature  life  are  neces- 
sary to  qualify  him  for  his  duties.  He  need  not  be  a  native 
born  citizen  of  the  United  States ;  but,  if  an  alien,  he  must 
have  been  a  citizen  for  nine  years.  If  sufficient  time  has 
not  elapsed  for  him  to  lose  his  partiality  for  the  land  of 
his  birth,  he  might  be  disposed  to  favour  it  in  advising  and 
consenting  to  treaties,  and  in  otherwise  managing  the 
foreign  aSfairs  of  our  government  and  the  business  of 
legislation. 

§10y.  He  must,  when  elected,  be  an  inhabitant  of  the 
State  for  which  he  is  chosen,  in  order  that  he  may  know  the 
wants  of  those  whom  he  represents.  It  will  be  seen,  upon 
comparison,  that  the  qualifications  of  a  senator,  as  to  age 
and  residence,  are  higher  than  those  of  a  representative, 
and  the  reason  is,  that  his  duties  are  thought  to  be  more 
honourable  and  responsible. 

§  110.  No  qualification  as  to  property,  and  no  profession 
of  a  particular  form  of  religious  belief,  are  required  of  a 
senator ;  nor  is  a  previous  residence  in  the  State  for  a  defi- 
nite period  of  time  necessary ;  nor  does  he  forfeit  his  seat  if 
he  cease  to  be  an  inhabitant  of  the  State  for  which  he  is 
chosen ;  nor  can  the  legislature  of  his  State  recall  him ; 
nor  is  he,  or  a  representative,  incapable  of  being  re-elected. 

[Clause  4.]  "  The  Vice  President  of  the  United  States 
shall  be  President  of  the  Senate,  but  shall  have  no  Vote, 
unless  they  be  equally  divided." 


74  CONSTITUTIONAL  TEXT-BOOK. 

§  111.  The  Speaker  of  the  House  of  Representatives  is  a 
member  of  that  body ;  but  the  presiding  oflBcer  of  the  Senate 
is  not  himself  a  member  of  the  Senate.  If  he  were,  the 
State  he  represented  might,  through  him,  actually  obtain, 
or  from  the  jealousy  of  the  other  States  be  supposed  to 
obtain,  more  than  its  share  of  influence;  and  if  he  were 
not  allowed  to  vote  except  when  the  Senate  was  equally 
divided,  his  vote  would  be  lost  to  his  State ;  and  if  he 
were  allowed  to  vote  on  all  occasions,  then,  in  case  of  an 
equal  division,  there  would  be  no  casting  vote,  unless  he 
were  allowed  to  vote  a  second  time,  which  would  give  his 
State  an  undue  importance.  Besides,  it  was  thought  the 
Vice-President  would  be  more  impartial,  as  presiding 
officer,  than  a  senator  would  be,  because  he  is  not  elected 
by  a  single  State,  but  by  the  whole  country. 

[Clause  5.]  "  The  Senate  shall  chuse  their  other  Officers, 
and  also  a  President  pro  tempore,  in  the  Absence  of  the 
Vice  President,  or  when  he  shall  exercise  the  Office  of 
President  of  the  United  States." 

§  112.  Although  the  Vice-President  of  the  United  States 
is,  by  virtue  of  his  office,  the  President  of  the  Senate,  yet  the 
Senate  is  authorized  to  choose  its  other  officers.  The  Senate 
may  also  elect  a  president  pro  tempore  (that  is,  for  a  time) 
in  the  absence  of  the  Vice-President,  or  when  he  shall 
exercise  the  office  of  President  of  the  United  States. 

§  113.  It  is  customary  for  the  Vicfe-President  to  vacate 
his  chair  in  the  Senate  just  before  the  close  of  each  session, 
and  the  Senate  then  elect  a  President  pro  tempore,  to  pre- 
side in  the  Senate  in  case  the  Vice-President  shall  be  called 
upon  to  exercise  the  office  of  President  of  the  United 
States,  in  consequence  of  the  death  of  the  President,  or 
otherwise. 


THE    SENATE.  75 

[Clause  6.]  "  The  Senate  shall  have  the  sole  power  to  try 
all  Impeachments.  When  sitting  for  that  Purpose,  they 
Bhall  be  on  Oath  or  Affirmation.  When  the  President  of 
the  United  States  is  tried,  the  Chief  Justice  shall  preside : 
And  no  Person  shall  be  convicted  without  the  Concurrence 
of  two  thirds  of  the  Members  present." 

§  114.  Clause  fifth  of  the  preceding  section  declares  that 
the  House  of  Representatives  shall  have  the  sole  power  of 
impeachment,  that  is,  of  bringing  forward  or  proposing  an 
impeachment ;  but  the  power  to  try  all  impeachments,  after 
they  have  been  brought  forward  by  the  House,  is  by  the 
present  clause  vested  exclusively  in  the  Senate.  The  ob- 
ject of  this  provision  is  to  prevent  the  same  body  from 
being  both  accusers  and  judges,  which  would  clearly  be 
unjust. 

§  115.  An  impeachment  is  a  written  accusation  charging 
a  civil  officer  of  the  United  States  with  treason,  bribery,  or 
other  high  crime  or  misdemeanor. 

In  England,  the  House  of  Commons,  like  our  House  of 
Representatives,  has  the  sole  power  of  impeachment,  and 
it  is  tried  by  the  House  of  Lords,  as  it  is  here  by  the 
Senate. 

§  116.  The  convention  that  formed  the  Constitution,  ori- 
ginally intended  to  give  the  trial  of  impeachments  to  the  Su- 
preme Court  of  the  United  States,  but  afterward  adopted  the 
present  plan,  chiefly  because  impeachments  are  applied  not 
altogether  to  strictly  legal  offences,  but  to  those  of  a  po- 
litical nature  and  extraordinary  character,  and  to  misde- 
meanors in  office  and  violations  of  public  trust,  which  can 
scarcely  be  provided  for  beforehand,  or  defined  by  positive 
law,  or  judged  by  technical  rules.  Besides,  the  judges  of 
the  Supreme  Court  are  appoint  3d  by  the  President,  and 


76  CONSTITUTIONAL   TEXT-BOOK. 

if  he,  or  any  of  his  adnsers  or  agents,  were  on  trial,  the 
judges  might  be  biased  in  favour  of  the  interests  of  him 
to  'whom  they  owed  their  elevation  to  office.  A  judge  of 
the  Supreme  Court  is  himself  liable  to  impeachment,  and 
in  such  case  the  other  judges  would  be  likely  to  feel  some 
partiality  toward  him. 

§  117.  In  England,  when  the  House  of  Lords  try  an  im- 
peachment, the  lords  are  not  sworn,  but  give  their  verdict 
upon  their  honour.  With  us,  the  senators  are  required  to 
act  under  oath  or  affirmation,  just  as  jurymen  are.  An 
affirmation  is  a  solemn  declaration  made  by  those  who 
have  scruples  of  conscience  against  taking  an  oath.  The 
House  of  Lords  decide  the  question  of  guilt  or  innocence 
by  a  simple  majority.  In  the  Senate,  a  majority  of  two- 
thirds  is  requisite  for  conviction,  so  that  the  accused  is  in 
less  danger  of  being  sacrificed  to  the  excitement  usually 
attending  an  impeachment. 

§  118.  Upon  the  removal  of  the  President  from  office,  his 
powers  and  duties  devolve  upon  the  Vice-President  of  the 
United  States,  who  is  the  presiding  officer  in  the  Senate. 
If  he  presided  in  the  Senate  at  the  trial  of  an  impeach- 
ment against  the  President,  he  might  be  inclined  to  favour 
his  conviction,  in  order  to  succeed  him  in  office.  It  is. 
therefore,  provided  that  in  such  case  the  chief  justice  of 
the  Supreme  Court  shall  preside. 

§  119.  Since  the  adoption  of  the  Constitution,  there  have 
been  four  trials  for  impeachment,  namely : 

(1.)  That  of  William  Blount,  commenced  in  1 799.  He  was 
then  a  senator  of  the  United  States,  and  was  charged  with 
conspiring,  while  a  senator,  to  carry  on  a  military  expedi- 
tion against  the  Spanish  territories,  and  with  other  misde 
meanors.  But  the  Senate  decided  that  he  was  not  a 
"  dvil  officer*  within  the  meaning  of  a  clause  in  the  Con- 


THE   SENATE.  77 

Btitution,  to  be  considered  hereafter,  and  therefore  not 
liable  to  impeachment. 

(2.)  That  of  John  Pickering  in  1803.  He  was  judge 
of  the  District  Court  of  the  United  States  for  the  New 
Hampshire  District,  and  was  charged  with  various  acts  of 
misdemeanor  as  a  judge,  found  guilty  and  sentenced  to 
removal  from  office. 

(3.)  That  of  Samuel  Chase,  commenced  November  30, 
1804.  He  was  an  associate  justice  of  the  Supreme  Court 
of  the  United  States,  and  was  charged  with  official  mis- 
conduct, but  acquitted. 

(4.)  That  of  James  H.  Peck,  commenced  in  1830.  He 
was  judge  of  the  Distr-ict  Court  of  the  United  States  for 
the  Missouri  District,  and  charged  with  exercising  unlaw- 
ful authority  as  a  judge,  but  acquitted. 

§  120.  In  England,  when  the  person  impeached  is  found 
guilty,  he  is  sentenced  to  suffer  the  whole  punishment  pre- 
scribed by  law  for  the  offence.  As  impeachments  are  fre- 
quently connected  with  political  considerations,  and  urged 
on  with  much  zeal,  there  is  danger  that  the  successful  party, 
unless  restrained  by  law,  will  make  an  improper  use  of  its 
triumph,  and  impose  excessive  punishments.  This  is  pre- 
vented in  the  United  States  by  the  provision  that  the 
judgment  in  cases  of  impeachment  shall  extend  only  to 
removal  from  office,  and  disqualification  to  hold  any  office 
under  the  United  States.  The  accused  still  remains  liable, 
nevertheless,  to  trial  and  punishment  in  a  court  of  law,  if 
his  offence  be  such  as  is  punishable  by  law. 

§  121.  Thus,  if  one  were  impeached  for  treason,  the  juag- 
ment  pronounced  by  the  Senate,  upon  conviction,  would 
extend  only  to  removal  from  office,  and  future  disqualifica- 
tion to  hold  any  office  under  the  United  States.  He  would 
still  be  subject  to  an  indictment  for  treason  in  a  court  of  law, 

7* 


'78  CONSTITUTIONAL  TEXT-BOOK. 

and  if  found  guilty,  would  be  sentenced  to  death,  tho 
punishment  provided  by  laAV  ;  if  acquitted,  the  judgment 
of  the  Senate  upon  the  impeachment  would  still  stand. 

§  122.  When  it  is  proposed  to  impeach  an  officer,  some 
member  of  the  House  of  Representatives  moves  for  the 
appointment  of  a  committee  to  report  charges  against  the 
accused.  If  the  committee  report  in  favour  of  impeachment, 
they  present  a  statement  of  the  charges,  and  a  committee 
is  appointed  to  impeach  the  offender  before  the  Senate. 
Then  the  Senate,  by  its  sergeant-at-arms,  summons  the 
accused  to  appear  and  answer.  When  the  day  for  his  ap- 
pearance has  arrived,  he  is  furnished  with  a  copy  of  the 
charges,  and  is  allowed  time  to  answer  them.  The  House 
of  Representatives  replies  to  the  answer  when  it  is  put  in, 
declares  its  readiness  to  prove  its  charges,  and  generally 
appoints  managers  to  conduct  the  impeachment. 

§  123.  A  time  is  then  determined  for  trial,  legal  advisers 
are  allowed  to  the  accused,  and  his  witnesses  are  compelled 
to  attend.  The  trial  proceeds  according  to  the  usual 
rules  of  courts  of  justice,  and,  after  it  is  concluded,  the 
Senate  consider  the  subject.  Then  each  member  being 
called  on  by  name,  says  whether,  in  his  opinion,  the  ac- 
cused is  guilty  or  not  guilty.  If  two-thirds  declare  him 
guilty  of  any  or  all  of  the  charges,  the  Senate  concludes 
the  proceedings  by  declaring  its  judgment. 

A  subsequent  part  of  the  Constitution  designates  the 
persons  and  the  offences  which  may  be  the  subjects  of 
impeachment.  , 


SENATE  AND  HOUSE  OF  REPRESENTATIVES.     79 


CHAPTER  V. 

PKO VISIONS   APPLICABLE    BOTH    TO    THE    SENATE   AND     HOOSB 
OF   REPRESENTATIVES. 

Section  4.  [Clause  1.]  "  The  Times,  Places  and  Man- 
ner of  holding  Elections  for  Senators  and  Representatives 
shall  be  prescribed  in  each  State  by  the  Legislature  there- 
of; but  the  Congress  may  at  any  time  by  Law  make  or 
alter  such  Regulations,  except  as  to  the  places  of  chusing 
Senators." 

§  124.  The  circumstances  of  the  different  States  were  so 
various,  and  so  liable  to  change,  that  it  was  not  deemed  prac- 
ticable to  establish,  by  the  Constitution,  a  general  election 
law.  The  regulation  of  the  time,  place,  and  manner  of 
congressional  elections  is,  therefore,  intrusted  to  the  State 
legislatures,  reserving  to  Congress  the  power  to  make  or 
alter  such  regulations,  except  as  to  the  place  of  choosing 
senators.  Such  power  in  Congress  would  be  useful  and 
absolutely  necessary,  in  case  a  State  should  refuse  or  neg- 
lect to  provide  for  the  election  of  members  of  Congress,  or 
in  case  it  should  be  deemed  expedient  to  establish  a  uni- 
form time  and  manner  of  holding  the  elections. 

Congress  cannot  alter  the  place  of  choosing  senators, 
because  senators  are  chosen  by  the  State  legislatures  at 
the  seat  of  government  or  capital  of  the  State. 

§  125.  Congress  has  not,  as  yet,  (except  as  mentioned  in 
the  next  section,)  made  any  regulations  relative  to  the  time, 


80  CONSTITUTIONAL   TEXT-BOOK. 

place,  or  manner  of  choosing  senators  or  representatives. 
The. States  have  control  of  the  subject  at  present,  and 
the  modes  that  have  been  established  in  the  different 
States  are  various.  In  some  States  all  the  representatives 
from  the  State  were  formerly  chosen  together  on  one  gene- 
ral ticket ;  in  others,  they  were  chosen  separately  in  dis- 
tricts. In  some  States  the  successful  candidate  must  have 
a  majority  of  all  the  votes ;  in  others,  it  is  sufficient  if  he 
have  a  larger  number  of  votes  than  any  other  candidate. 
In  some  States  the  votes  have  been  viva  voce,  (that  is,  by 
the  living  voice;)  in  others,  they  are  by  ballot,  that  is, 
by  printed  or  written  ticket.  Differences  in  the  mode  of 
choosing  senators  by  the  State  legislatures  have  already 
been  referred  to.     (§101.) 

§  126.  By  an  act  of  Congress,  passed  June  25, 1842,  it  is 
provided  that  the  representatives  from  a  State  shall  be 
elected  by  districts,  equal  in  number  to  the  number  of  repre- 
sentatives to  which  the  State  is  entitled,  and  each  of  these 
congressional  districts  shall  elect  one  representative. 

[Clause  2.]  "  The  Congress  shall  assemble  at  least  once 
in  every  Year,  and  such  Meeting  shall  be  on  the  first  Mon- 
day in  December,  unless  they  shall  by  Law  appoint  a 
different  Day." 

§  127.  In  England,  Parliament  assembles  at  the  call  of 
the  king,  and  at  such  time  as  he  designates.  This  clause 
requires  Congress  to  assemble  at  least  once  a  year,  on  the 
first  Monday  of  December,  unless  they  shall  by  law  ap- 
point a  different  day,  and  it  will  appear  from  the  table  on 
page  58  that  a  different  day  for  assembling  has  frequently 
been  appointed. 

§  128.  It  seems  that,  by  the  ancient  statutes  and  practice 


SENATE   AND    HOUSE    OF   REPnEbENTATIVES.  81 

in  England,  the  Parliament  assembled  annually,  or  oftener, 
if  there  was  need.  An  act  passed  in  the  reign  of  William 
and  Mary  declared  that  there  should  not  be  a  longer  in- 
ter\al  than  three  years  between  the  dissolution  of  one 
Parliament  and  the  calling  of  another.  By  a  subsequent 
statute  in  the  reign  of  George  I.,  seven  years  is  made  the 
term  for  which  a  Parliament  shall  exist,  unless  sooner 
dissolved  by  the  king. 

§  129.  The  Constitution  does  not,  in  express  terms,  de- 
termine the  place  where  Congress  shall  meet.  It  is  pro- 
vided by  an  act  of  Congress,  that,  when  on  account  of  the 
prevalence  of  a  contagious  sickness,  or  for  other  causes,  it 
would  be  dangerous  to  the  health  of  the  members  to  meet 
at  the'  place  to  which  Congress  shall  stand  adjourned,  the 
President  may,  by  proclamation,  convene  Congress  at  such 
other  place  as  he  may  deem  proper. 

Section  5.  [Clause  1.]  "  Each  House  shall  be  the 
Judge  of  the  Elections,  Returns  and  Qualifications  of  its 
own  Members,  and  a  majority  of  each  shall  constitute  a 
Quorum  to  do  business ;  but  a  smaller  Number  may  ad- 
journ from  day  to  day,  and  may  be  authorized  to  compel 
the  Attendance  of  absent  Members,  in  such  Manner,  and 
under  such  Penalties  as  each  House  may  provide." 

§  130.  Each  house  is  the  judge  of  the  elections,  returns, 
and  qualifications  of  its  own  members.  It  is  appropriate  to 
the  dignity  of  Congress  that  it  should  exercise  this  right, 
and  it  is,  perhaps,  better  qualified  to  do  so  than  any  other 
tribunal.  A  similar  right  belongs  to  the  Parliament  of 
England,  and  is  vested  in  the  legislatures  of  the  several 
States  by  their  respective  constitutions. 

§131.    By  an  act  of   Congress,   passed   February  19, 


82  CONSTITUTIONAL   TEXT-BOOK. 

1851,  it  is  declared  that,  when  any  person  shall  intend  to 
contest  an  election  of  any  member  of  the  House  of  Re- 
presentatives, he  shall,  within  thirty  days  after  the  result 
of  the  election  has  been  legally  determined,  give  notice  in 
writing  to  the  member  whose  seat  he  designs  to  contest, 
and  in  the  notice  he  must  specify  particularly  the  grounds 
upon  which  he  relies.  The  member  who  has  been  re- 
turned as  elected,  within  thirty  days  after  the  service  of 
the  notice  upon  him,  must  answer  the  notice,  either  admit- 
ting or  denying  the  facts  alleged,  and  stating  the  grounds 
upon  which  he  rests  the  validity  of  his  election  ;  and  must 
also  serve  a  copy  of  his  answer  upon  the  contestant. 

§  132.  The  act  further  prescribes  a  mode  in  which  evi- 
dence shall  be  taken  in  cases  of  such  contested  elections. 
Witnesses  may  be  summoned  to  give  evidence,  or  to  pro- 
duce papers,  before  certain  classes  of  judicial  officers  enume- 
rated in  the  act,  and  they  incur  a  penalty  for  neglecting 
or  refusing  to  attend  or  testify,  unless  prevented  by  sick- 
ness or  unavoidable  necessity.  The  questions  to  the  wit- 
ness and  his  answers  are  taken  down  by  writing,  in  the 
presence  of  the  parties,  and  by  the  officer  before  whom 
the  examination  is  had  arc  transmitted  immediately,  duly 
certified  under  his  hand  and  sealed  up,  to  the  clerk  of  the 
House  of  Representatives.  The  House  then  examines  all 
the  evidence,  and,  after  full  inquiry  and  deliberation,  ad- 
judges the  seat  to  the  party  to  whom  it  appears  rightfully 
to  belong.  The  Senate  also,  in  case  of  a  contested  elec- 
tion in  that  body,  investigates  all  the  allegations,  proofs, 
and  circumstances,  and  decides  between  the  claimants. 
The  decision  of  the  House  or  of  the  Senate  is  final  and 
conclusive. 

§  133.  In  order  to  prevent  the  passage  of  laws  by  a 
!»\uall  number  of  the  representatives  or  the  senators,  it  in 


SENATE   AND   HOUSE   OP   REPRESENTATIVES.  83 

declared  that  no  business  shall  be  transacted  by  either 
house  unless  a  quorum  is  present,  consisting  of  a  majority 
of  its  members.  But  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absentees,  so 
that  Congress  may  not  be  dissolved  in  consequence  of  the 
refusal  or  neglect  of  members  to  attend  its  sittings. 

§134.  By  the  rules  of  the  House  of  Representatives, 
members  who  are  absent  from  the  house  when  the  roll  of 
names  is  called,  and  for  whom  no  suflBcient  excuses  are 
made,  may,  by  order  of  those  members  present,  if  fifteen 
in  number,  be  taken  into  custody  ^s  they  appear,  or  may 
be  sent  for  and  taken  into  custody  wherever  to  be  found, 
by  special  messengers  to  be  appointed  for  that  purpose. 
No  member  can  absent  himself  from  the  service  of  the 
house,  unless  he  have  leave,  or  be  sick,  or  unable  to  attend. 
Any  fifteen  members  (including  the  speaker,  if  there  be 
one)  may  compel  the  attendance  of  absent  members. 

The  rules  of  the  Senate  also  provide  for  enforcing  the 
attendance  of  absentees. 

[Clause  2.]  "  Each  House  may  determine  the  Rules  of 
its  Proceedings,  punish  its  Members  for  disorderly  Be- 
haviour, and,  with  the  Concurrence  of  two  thirds,  expel  a 
Member." 

§  135.  The  Constitution  does  not  undertake  to  prescribe 
the  mode  of  transacting  business  in  Congress,  but  gives  to 
each  house  authority  to  determine  the  rules  of  its  proceed- 
ings. Accordingly,  the  Senate  and  House  of  Representa- 
tives have  each,  from  time  to  time,  adopted  a  number  of 
standing  rules,  orders,  and  joint  rules,  in  which  the  order 
and  manner  of  conducting  their  business  is  set  forth  with 
great  minuteness. 


84  CONSTITUTIONAL   TEXT-BOOK. 

§  136.  The  power  given  to  each  house  to  punish  its  mem- 
bers  for  disorderly  behaviour,  and,  with  the  concurrence  of 
two-thirds,  to  expel  a  member,  is  intended  to  enable  Con- 
gress effectually  to  maintain  its  usefulness,  dignity,  and 
independence. 

§  137.  What  sort  of  disorderly  conduct  may  be  punished, 
and  what  punishment  may  be  inflicted  besides  expulsion,  do 
not  appear  to  be  very  clearly  settled.  The  Senate,  in  1797, 
expelled  William  Blount  for  an  offence  which  was  not  com- 
mitted in  his  official  character,  nor  during^  a  session  of 
Congress,  nor  at  Washington,  nor  in  violation  of  any  posi- 
tive law.  He  was  charged  with  an  attempt  to  entice  from 
his  duty  an  agent  of  the  government  among  the  Indians, 
and  to  destroy  the  confidence  of  the  Indians  in  the  general 
government. 

§  138.  There  is  no  express  power  given  by  the  Constitution 
to  either  house  to  punish  for  a  breach  of  its  privileges,  for 
disorderly  conduct,  or  for  contempt,  except  when  commit- 
ted by  its  own  members.  Yet  it  has  been  held  that 
such  power  exists,  because  it  is  essential  to  the  protec- 
tion, dignity,  and  existence  of  the  legislative  body; 
also,  that  Congress  is  the  sole  tribunal  to  determine  when 
it  should  be  exercised,  or  what  punishment  should  be 
inflicted. 

§139.  A  similar  power  has  been  frequently  exercised  by 
the  legislatures  of  the  States  and  by  the  Parliament  in  Eng- 
land. When  imprisonment  is  a  part  of  the  punishment 
imposed  for  contempt,  such  imprisonment,  unless  limited 
to  a  shorter  period,  terminates  with  the  session  of  Con- 
gress, and  no  court  has  a  right  to  inquire  directly  into  the 
correctness  or  propriety  of  the  commitment  or  to  discharge 
the  prisoner. 


SENATE  AND  HOUSE  OF  REPRESENTATIVES.     86 

[Clause  8.]  "  Each  House  shall  keep  a  Journal  of  its 
Proceedings,  and  from  time  to  time  publish  the  same, 
excepting  such  Parts  as  may  in  their  Judgment  require 
Secrecy ;  and  the  Yeas  and  Nays  of  the  Members  of  either 
House  on  any  question  shall,  at  the  Desire  of  one  fifth 
of  those  Present,  be  entered  on  the  Journal." 

§  140.  The  object  of  a  journal  is  to  provide  a  perma 
nent  and  accurate  record  of  the  proceedings  of  Congress. 
The  journal  of  the  House  is  drawn  up  by  the  clerk ;  that 
of  the  Senate,  by  the  secretary. 

§  141.  The  deliberations,  votes,  and  proceedings  of  the 
Senate  and  House  of  Representatives  are  generally  open  to 
the  public.  The  Senate,  however,  frequently  holds  what 
are  termed  "  executive  sessions,"  in  which  confidential  com- 
munications from  the  President  of  the  United  States,  nomi- 
nations to  office,  treaties,  and  other  matters  are  considered. 
It  may  also  hold  confidential  legislative  sessions.  When 
acting  on  confidential  or  executive  business,  the  Senate  is 
cleared  of  all  persons  except  the  secretary,  the  principal 
clerk,  the  sergeant-at-arms,  and  doorkeeper,  and  sits  with 
closed  doors. 

§  142.  Thus,  too,  whenever  confidential  communications 
are  received  by  the  House  of  Representatives  from  the 
President,  the  house  is  cleared  of  all  persons  except  the 
members,  clerk,  sergeant-at-arms,  and  doorkeeper,  and  so 
continues  during  the  reading  of  such  communications,  and 
(unless  otherwise  directed  by  the  house)  during  all  the  de- 
bates and  proceedings  had  thereon.  Also,  when  the  speaker 
or  any  other  member  shall  inform  the  house  that  he  has 
communications  to  make  which  he  conceives  ought  to  be 
kept  secret,  the  house  is  in  like  manner  cleared  till  the 


86  COI^'STITUTIONAL   TEXT-BOOK. 

comiimnlcation  be  made,  and  it  be  determined  whether  the 
jnatter  requires  secrecy. 

§  143.  The  proceedings  of  the  Senate  in  executive  ses 
sion,  from  which  the  injunction  of  secrecy  has  not  been 
removed,  and  its  confidential  legislative  proceedings,  are 
contained  in  manuscript  records,  and  are  accessible  only 
to  the  President  cf  the  United  States,  and  to  the  members 
and  the  secretary  and  certain  officers  of  the  Senate ;  but 
no  further  extract  from  those  records  can  be  furnished 
except  by  special  order  of  the  Senate. 

§  144.  The  journals  of  the  House,  and  the  journals  of  the 
legislative  proceedings  of  the  Senate,  and  of  such  portions 
of  the  executive  business  of  the  Senate  as  have  been  di- 
rected to  be  made  public,  have  been  regularly  printed  and 
published  from  the  organization  of  the  government,  March 
4,  1789,  down  to  the  present  time.  The  rules  of  the 
House  of  Representatives  require  the  clerk,  at  the  end  of 
each  session,  to  send  one  of  the  printed  copies  of  the 
journal  to  the  executive  and  to  each  branch  of  the  legis- 
lature of  every  State. 

§  145.  The  yeas  and  nays,  or  a  .ecorded  list  of  the  affirm- 
ative and  negative  votes  of  the  members,  shall  be  taken  at 
the  desire  of  one-fifth  of  those  present.  The  name  of  each 
member  is  then  called,  and  the  manner  in  which  he  votes 
is  entered  in  the  journal,  and  thus  becomes  known  to  his 
constituents  and  the-  country.  The  taking  of  the  yeas 
and  nays  requires  a  great  deal  of  time,  and  they  are  often 
called  for  by  the  minority  for  the  sole  purpose  of  embar- 
rassing and  delaying  the  majority.  Hence  it  is  that  they 
are  not  allowed  to  be  taken,  except  by  a  vote  of  one-fifth 
of  the  members  present. 

§  146.  A  member  of  the  Senate  or  House,  if  he  desires 
to  vote  on  a  question,  must  be  present  and  give  his  vote  in 


SENATE  AND  HOUSE  OF  REPRESENTATIVES.     87 

person.  He  cannot  appoint  a  proxy  to  vote  for  him  in  his 
absence,  althougli  in  England  a  lord  in  Parliament  may,  by 
license  obtained  from  the  king,  make  another  lord  his  proxy 
to  vote  for  him  in  his  absence ;  a  similar  privilege,  however, 
is  not  extended  to  members  of  the  House  of  Commons. 

§  147.  By  one  of  the  rules  of  the  House  of  Representa- 
tives, no  member  is  allowed  to  vote  on  any  question  in  the 
event  of  which  he  is  immediately  and  particularly  interested. 

By  an  act  of  Congress,  passed  April  21,  1808,  no  mem- 
ber of  Congress  is  allowed  to  hold  or  enjoy  any  contract  or 
agreement  made  in  behalf  of  the  United  States,  and,  if  he 
shall  enter  into  any  such  contract,  he  may  be  adjudged 
guilty  of  a  high  misdemeanor,  and  sentenced  to  pay  a 
large  fine,  and  the  contract  becomes  void.  By  the  same 
act,  penalties  are  imposed  upon  any  officer  of  the  United 
States  who  enters  into  a  public  contract  with  a  member  of 
Congress. 

[Clause  4.]  "Neither  House,  during  the  Session  of 
Congress,  shall,  without  the  Consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  Place  than  that 
in  which  the  two  Houses  shall  be  sitting." 

§  148.  This  clause  is  intended  to  secure  convenience  and 
despatch  in  the  business  of  legislation,  by  preventing  the 
delay  and  inconvenience  which  would  be  occasioned  if  one 
branch  of  the  legislature  could  suspend  its  sittings  for  a 
long  period,  or  could  adjourn  to  a  place  remote  from  that 
In  which  the  other  house  is  sitting. 

§  149.  In  England,  the  king  has  a  right  to  adjourn  a  Par- 
liament from  one  session  to  another,  or  to  put  an  end  to  its 
existence  altogether,  which  renders  another  election  neces- 
sary.    In  this  country,  the  President  has  no  authority  to 


88  CONSTITUTIONAL   TEXT-BOOK. 

put  an  end  to  a  session  of  Congress,  and  lie  cannot  even 
adjourn  their  sittings  from  one  day  to  another  day,  unless 
the  two  houses  disagree  with  respect  to  the  time  of  ad- 
journment.    (Art.  II.,  sect.  3.) 

§  150.  Congress  can  separate  only  in  two  ways  :  1st,  by 
adjournment ;  2d,  by  expiration  of  the  two  years,  which  is 
the  limit  of  the  duration  of  a  Congress ;  for  a  new  Con- 
gress commences  on  the  4th  of  March  in  every  other  year. 
The  number  of  sessions  which  a  particular  Congress  may 
hold,  is  not  fixed  by  the  Constitution ;  a  Congress  gene- 
rally holds  two,  but  sometimes  three  sessions.  All  that 
the  Constitution  requires,  is  that  Congress  shall  assemble 
at  least  once  in  every  year,  and  such  meeting  shall  be  on 
the  first  Monday  in  December,  unless  they  shall  by  law 
appoint  a  different  day.  The  time  when  one  session  of  a 
Congress  shall  close  and  the  next  session  commence,  is 
generally  determined  by  a  joint  resolution  of  the  Senate 
and  House  of  Representatives.  But  in  every  second 
year  Congress  must  necessarily  adjourn  on  the  3d  day 
of  March,  because  the  term  for  which  all  the  representa- 
tives and  one-third  of  the  senators  are  elected  expires  on 
that  day. 

Section  6.  [Clause  1.]  "  The  Senators  and  Repre- 
sentatives shall  receive  a  Compensation  for  their  Services, 
to  be  ascertained  by  Law,  and  paid  out  of  the  Treasury 
oi  the  United  States.  They  shall  in  all  Cases,  except 
Treason,  Felony  and  Breach  of  the  Peace,  be  privileged 
from  Arrest  during  their  Attendance  at  the  Session  of 
their  respective  Houses,  and  in  going  to  and  returning 
from  the  same ;  and  for  any  speech  or  debate  in  either 
House,  they  shall  not  be  questioned  in  any  other  Place." 


3ENATE  AND  HOUSE  OF  REPRESENTATIVES.     89 

§  151.  The  members  of  Parliament  in  England  do  not 
now  receive  any  compensation,  though  it  was  not  alto- 
gether so  in  former  times.  The  Constitution  provides  a 
compensation  to  members  of  Congress,  in  order  that  per- 
sons of  moderate  means  in  life  might  not  be  excluded  from 
this  branch  of  the  public  service  on  account  of  the  expense 
attending  it,  or  be  led  into  temptation  by  their  wants 
while  in  the  national  councils. 

§152.  Under  the  Confederation,  the  expenses  of  the 
delegates  were  paid  by  the  States  they  represented.  If  the 
members  of  Congress  were  paid  by  the  States,  or  directly 
by  their  constituents,  there  might  be  great  inequalities  in 
the  rate  of  pay — some  receiving  more,  some  less,  than 
others  ;  their  constituents  or  the  States  could  at  any  time 
withdraw  the  compensation,  and  besides,  the  members 
would,  perhaps,  feel  themselves  less  independent  and  free 
in  their  action. 

§  153.  Previous  to  1816,  each  member  of  the  Senate  and 
House  of  Representatives,  and  each  delegate  from  the  ter 
ritories,  was  allowed  six  dollars  per  day  while  actually 
attending  in  session,  and  one  day's  compensation  for  every 
twenty  miles  of  travel  to  and  from  the  seat  of  govern- 
ment. By  an  act,  passed  March  19,  1816,  the  former 
acts  were  repealed,  and  the  compensation  of  the  members 
was  fixed  at  $1500  per  annum,  and  also  the  former  allow- 
ance for  travelling  expenses. 

Since  the  4th  of  March,  1817,  the  pay  of  each  member 
of  the  Senate  and  House  of  Representatives  has  been  fixed 
at  eight  dollars  a  day  during  the  period  of  his  attendance  in 
Congress,  without  deduction  in  case  of  sickness  ;  and  eight 
dollars  for  every  twenty  miles  travelled,  in  the  usual  road, 
in  going  to  and  returning  from  the  seat  of  government.  The 
compensation  of  the  Presidert  of  the  Senate  pro  tempore 

8^ 


90  CONSTITUTIONAL   TEXT-EOOK. 

in  the  abseLce  of  the  Yice-President,  and  of  the  Speak 02 
of  the  House  of  Representatives,  is  sixteen  dollars  a  day. 

§  155.  By  the  rules  of  the  House  of  Representatives, 
it  is  made  the  duty  of  the  sergeant-at-arms  to  keep  the 
accounts  for  the  pay  and  mileage  of  members,  to  prepare 
checks,  and  if  required  to  do  so,  to- draw  the  money  from 
the  treasury  on  such  checks  for  the  members,  and  pay  it 
over  to  the  member  entitled  thereto ;  but  the  check  must 
be  previously  signed  by  the  Speaker  and  endorsed  by  the 
member.  The  mileage  to  be  received  by  each  member  is 
ascertained  by  a  committee  appointed  for  that  purpose, 
and  reported  by  them  to  the  sergeant-at-arms.  The  ser- 
geant-at-arms is  required  to  give  bond  with  surety  to  the 
United  States  in  a  sum  not  less  than  five  nor  more  than 
ten  thousand  dollars,  at  the  discretion  of  the  Speaker,  and 
with  such  surety  as  the  Speaker  shall  approve,  faithfully 
to  account  for  the  money  coming  into  his  hands  for  the 
pay  of  members. 

§  156.  In  the  Senate,  the  money  appropriated  for  the 
compensation  of  members  arid  officers,  as  well  as  for  the 
contingent  expenses  of  the  Senate,  is  paid  at  the  treasury 
on  requisitions  drawn  by  the  secretary  of  the  Senate,  and 
is  kept,  disbursed,  and  accounted  for  by  him.  He  gives 
bond  in  the  sum  of  twenty  thousand  dollars  for  the  faith- 
ful application  of  such  funds. 

§  157.  Members  of  Congress  are  also,  by  this  clause,  en- 
titled to  certain  personal  privileges.  They  are  privileged 
from  arrest  in  all  cases,  except  treason,  felony,  and  breach 
of  the  peace,  during  their  attendance  at  the  session  of  their 
respective  houses,  and  in  going  to  and  returning  therefrom. 
The  reason  of  this  exemption  is,  that  their  constituents 
may  not  be  left  unrepresented  in  the  debates  and  votes. 
;V  similar  privilege,  in  favour  of  the  members  of  the  legis- 


SENATE  AND  HOUSE  OF  REPRESENTATIV^ES.     91 

Jatures,  exists  generally  under  the  State  constitutions,  and 
it  has  long  been  exercised  in  England,  not  only  by  the 
members  of  Parliament,  but  by  their  wives  and  children. 
Our  Constitution  limits  the  privilege  to  senators  and  re- 
presentatives themselves,  and  does  not  extend  it  to  their 
families, 

§  158.  This  privilege,  however,  is  limited.  It  does  not 
extend  to  treason,  which  is  defined  in  another  part  of  the 
Constitution ;  nor  to  felony,  which  is  a  legal  term  of  wide 
signification,  used  to  denote  a  class  of  crimes  which,  by 
the  ancient  common  law  of  England,  occasioned  a  forfeit- 
ure of  land  or  goods,  and  to  which  the  punishment  of 
death  was  generally  attached ;  nor  does  it  extend  to  a 
breach:  of  the  peace,  which  is  a  violation  of  the  public 
order  or  a  disturbance  of  the  public  peace. 

§  159.  No  member  of  Congress  cah  be  lawfully  questioned 
in  any  other  place  for  any  speech  or  debate  in  either  house. 
The  object  of  this  is  to  secure  freedom  of  speech,  inde- 
pendence, and  liberty  in  the  discussions.  But  if  a  member 
publish  a  speech  which  is  libellous,  it  is  said  he  is  not  pro- 
tected by  his  privilege,  and  may  be  proceeded  against  as 
in  ordinary  cases  of  libel.  The  debates  in  Congress  have 
for  many  years,  however,  been  reported  and  published  at 
the  expense  and  by  the  authority  of  Congress. 

[Clause  2.]  "  No  Senator  or  Representative  shall,  during 
the  Time  for  which  he  was  elected,  be  appointed  to  any 
civil  Office  under  the  Authority  of  the  United  States, 
which  shall  have  been  created,  or  the  Emoluments  whereof 
shall  have  been  encreased  during  such  time  ;  and  no  Person 
holding  any  Office  under  the  United  States,  shall  be  a 
Member  of  either  House  during  his  Continuance  in  Office." 


92  CONSTITUTIONAL   TEXT-BOOK. 

§160.  This  clause  is  intended  to  prevent  members  ot 
Congress  from  creating  civil  offices,  or  increasing  the 
salary  attached  to  such  offices  already  existing,  for  the 
sake  of  benefiting  or  advancing  themselves.  No  senator 
or  representative  can,  during  the  term  for  which  he  has 
been  elected,  be  appointed  to  an  office  which  has  been 
created,  or  to  one  the  emoluments  of  which  have  been 
increased,  during  such  term,  although  he  may  be  appointed 
after  the  expiration  of  the  term. 

§  161.  The  prohibition  in  the  former  part  of  the  clause 
does  not  extend  to  military  offices,  because  they  frequently 
require  to  be  filled  immediately,  without  delay;  but  no 
officer  under  the  United  States,  either  civil  or  military, 
can  be  a  senator  or  representative  during  his  continuance 
in  office.  A  person  may  hold  an  office  under  the  United 
States  when  elected  a  member  of  Congress ;  but  he  must 
resign  it  before  he  can  take  his  seat  in  Congress. 


CHAPTER   VII. 

THE   ENACTMENT    OF   LAWS. 


Section  7.  [Clause  1.]  "All  Bills  for  raising  Revenue 
shall  originate  in  the  House  of  Representatives ;  but  the 
Senate  may  propose  or  concur  with  Amendments  as  on 
other  Bills. 

§  162.  Bills  for  raising  revenue  are  generally  considered 
to  be  those  only  by  which  taxes  are  levied,  and  not  such 
as  may  incidentally  have  the  effect  of  creating  a  revenue. 

In  England,  the  House  of  Commons  possesses  the  sole 


THE   ENACTMENT    OF   LAWS.  93 

power  of  originating  bills  for  raising  revenue,  or  "  money 
bills,"  as  they  are  called  there;  and  the  Commons  will 
not  suffer  the  House  of  Lords  to  make  the  least  alteration 
or  amendment  in,  or  exert  any  power  over,  such  bills,  but 
that  of  simply  agreeing  to  or  rejecting  them. 

§163.  A  similar  right  to  originate  all  bills  for  laising 
revenue  is  granted  by  the  Constitution  to  the  House  of 
Representatives,  because  that  body  is  more  popular  in  its 
character,  more  immediately  dependent  upon  the  people, 
and  more  directly  represents  their  opinions  and  wishes, 
and  possesses  at  the  same  time  more  knowledge  of  the 
local  wants  and  resources  of  each  part  of  the  country. 

§  164.  The  Senate  is  not  a  permanent  and  hereditary 
body,  like  the  House  of  Lords ;  but  is  an  elective  body, 
representing  the  States ;  and  as  the  States,  as  such,  are 
interested  in  the  apportionment  of  direct  taxes,  there 
'  seemed  no  good  reason  for  excluding  the  Senate  from  some 
control  over  money  bills.  They  are,  therefore,  allowed  to 
propose  or  concur  with  amendments,  as  on  other  bills,  but 
they  cannot  originate  such  bills. 

[Clause  2.]  Every  Bill  which  shall  have  passed  the 
House  of  Representatives  and  the  Senate,  shall,  before  it 
become  a  Law,  be  presented  to  the  President  of  the  United 
States ;  If  he  approve  he  shall  sign  it,  but  if  not  he  shall 
return  it,  with  his  Objections  to  that  House  in, which  it  shall 
have  originated,  who  shall  enter  the  Objections  at  large  on 
their  Journal,  and  proceed  to  reconsider  it.  If  after  such 
Reconsideration  two  thirds  of  that  House  shall  agree  to  pass 
the  Bill,  it  shall  be  sent,  together  with  the  Objections,  to 
the  other  House,  by  which  it  shall  likewise  be  reconsidered, 
ftnd  if  approved  by  two  thirds  of  that  House,  it  shall  be- 


94  CONSTITUTIONAL   TEXT-EOOK. 

come  a  Law.  But  in  all  such  Cases  the  Votes  of  both 
Houses  shall  be  determined  by  yeas  and  Nays,  and  the 
Names  of  the  Persons  voting  for  and  against  the  Bill  shall 
be  entered  on  the  Journal  of  each  House  respectively.  If 
any  Bill  shall  not  be  returned  by  the  President  within  ten 
Days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  Manner  as 
if  he  had  signed  it,  unless  the  Congress  by  their  Adjourn- 
ment prevent  its  Return,  in  which  Case  it  shall  not  be  a 
Law. 

§  165.  The  Constitution  does  not  prescribe  the  mode 
of  enacting  laws ;  that  is  determined  by  the  rules  and 
practice  of  the  Senate  and  House  of  Representatives. 
Bills  may  originate  either  in  the  Senate  or  the  House 
of  Representatives,  except  they  be  bills  for  raising 
revenue,  which,  as  we  have  just  seen,  must  originate  in 
the  House.  The  general  mode  of  passing  bills  in  both 
bodies  is  quite  similar,  though  not  in  all  respects  the  same. 
It  will  be  sufficient,  for  an  understanding  of  the  subject,  to 
refer  more  particularly,  as  an  illustration  of  the  manner 
of  enacting. laws,  to  the  course  pursued:  in  the  House  of 
Representatives. 

§  166.  By  the  rules  of  the  House,  a  bill,  which  is  the 
original  form  or  draft  of  a  law  proposed  to  be  enacted, 
may  be  introduced  into  the  House  in  the  report  of  a  com- 
mittee, or  upon  a  motion  by  a  member  of  the  House  for 
leave  to  introduce  it.  In  the  latter  case,  at  least  one 
day's  notice  of  the  motion  must  be  given,  or  a  memoran- 
dum thereof  filed  with  the  clerk  and  entered  on  the  journal. 
But  the  rule  in  regard  to  the  introduction  of  bills  on  leave 
is   rarely  practised ;    nearly  all   the    bills   not  regularly 


THE   ENACTMENT   OF    LAWS.  95 

reported  by  a  committee  are  introduced  with  or  without 
consent,  as  the  case  may  be. 

§  167.  By  another  rule,  every  bill  shall  receive  three 
several  readings  previous  to  its  passage,  and  no  bill  can  bo 
lead  twice  on  the  same  day  without  the  special  order  of  the 
-rllouse.  The  first  reading  is  for  information,  and  if  oppo- 
sition is  made,  which  is  ikot  usual,  however,  at  the  first 
reading,  the  question  is  put,  "Shall  this  bill  be  rejected  ?" 
If  no  opposition  is  made,  or  if  the  question  to  reject  be 
negatived,  the  bill  goes  to  its  second  reading  without  any 
motion  for  that  purpose ;  and  in  such  cases  the  actual  prac- 
tice is  for  the  second  reading  to  take  place  forthwith,  im- 
mediately after  the  first  reading,  it  being  understood 
that  it  is  by  the  special  order  of  the  House.  The  whole 
bill  is  not,  in  point  of  fact,  read,  but  only  its  title,  for 
members  are  informed  of  the  contents  of  the  bill  by  printed 
copies  of  it,  which  are  furnished  to.  them,  except  in  the 
case  of  bills  introduced  on  leave,  which  are  never  printed 
until  reported  back  from  the  committee  to  which  they  may 
have  been  referred,  which  is  after  the  second  reading,  as 
every  bill  is  read  twice  before  it  is  referred. 

§  168.  Upon  the  second  reading  of  a  bill,  it  may,  ac- 
cording as  the  House  shall  determine,  be  committed,  that 
is,  referred,  either  to  a  select  committee,  or  a  standing 
committee,  or  a  committee  of  the  whole  house ;  or  it  may 
be  ordered  to  be  engrossed,  that  is,  copied  on  paper  in  a 
fair  round  hand,  and  a  day  be  appointed  when  it  shall  be 
read  a  third  time.  According  to  the  uniform  practice  of 
the  House  for  many  years,  whenever  a  bill  is  ordered  to 
be  engrossed  it  is  immediately  read  the  third  time.  It  is 
usually  engrossed  in  advance ;  but  whether  engrossed  or 
not.  it  is  considered  as  engrossed,  a  question  as  to  the 
fact  of  engrossment  being  seldom  if  ever  raised. 


96  CONSTITUTIONAL   TEXT-BOOK. 

§  169.  If  the  bill  be  committed,  after  it  lias  been  con 
sidered  bj  the  committee,  it  is  reported  back  to  the  House, 
either  with  or  without  amendments,  which  are  adopted  or 
rejected  by  the  House,  as  it  sees  fit.  After  amendments  are 
disposed  of,  the  bill  must  be  ordered  to  be  engrossed,  and 
is  then  ready  for  the  third  reading,  at  which  the  vote  is 
taken  on  its  final  passage. 

§  170.  After  its  passage,  the  bill  is  signed  by  the 
Speaker,  and  sent  to  the  Senate  for  concurrence.  If  the 
Senate  refuse  to  concur,  the  bill  fails  to  become  a  law. 
Or  the  Senate  may  pass  the  bill  with  amendments,  and  it 
is  then  returned  to  the  House,  where  the  amendments  may 
be  concurred  in,  and  the  bill  as  amended  be  passed.  But 
if  the  House  refuse  to  concur  in  the  amendments  of  the 
Senate,  the  bill  will  then  fail. 

§  171.  In  case,  however,  of  amendments  in  one  body, 
which  are  disagreed  to  in  the  other,  a  committee  from  both 
is  appointed  at  the  request  of  either,  termed  a  committee 
of  conference,  in  which  the  reasons  for  and  against  the 
amendments  are  freely  discussed,  and  such  conference  fre- 
quently results  in  a  compromise  or  adjustment  of  views, 
which  is  reported  to  the  Senate  and  House  respectively 
by  its  committee  of  conference. 

§  172.  After  a  bill  has  passed  both  bodies,  it  is  enrolled 
on  parchment  by  the  clerk  of  the  House  of  Representatives, 
or  by  the  secretary  of  the  Senate,  according  as  the  bill 
may  have  originated  in  the  one  body  or  the  other,  and  the 
enrolment  is  then  compared  by  a  joint  committee  of  the 
Senate  and  House,  with  the  engrossed  bill  as  passed,  for 
the  purpose  of  correcting  errors,  if  there  be  any,  in  the 
enrolment. 

§  173.  After  that  committee  has  thus  examined  the  en- 
rolment, and  has  so  reported,  the  enrolled  bill  is  signed, 


THE   ENACTMENT    OF   LAWS.  97 

hrst  by  the  Speaker  of  the  House  of  Representatives,  and 
afterward  by  the  President  of  the  Senate;  an  endorse 
ment  is  made  upon  it,  certifying  whether  the  bill  origin- 
ated in  the  Senate  or  the  House  of  Representatives,  and 
it  is  then  presented  by  the  committee  to  the  President  of 
the  United  States  for  his  approval,  the  day  of  such  pre- 
sentation being  entered  on  the  journal  both  of  the  Senate 
and  the  House. 

§  174.  If  the  President  approves  it,  he  signs  it ;  if  he 
does  not  approve  it,  he  returns  it,  together  with  his  objec- 
tions in  writing,  to  the  house  in  whjch  it  originated.  His 
power  is  confined  to  the  approval  or  rejection  of  bills ;  he 
cannot  propose  any  amendments  in  them.  The  power  of 
the  President  to  object  to  bills  and  refuse  to  sign  them,  is 
commonly  known  as  the  veto  power. 

§175.  In  ancient  Rome  there  was  a  body  of  officers 
called  the  Tribunes  of  the  People,  whose  proper  object  was 
the  protection  of  the  people  against  the  encroachments  of 
the  Senate  and  Consuls.  In  the  earlier  times  of  their 
existence,  they  could  not  enter  the  Senate,  but  had  their 
seats  before  the  door  of  the  Senate-room,  where  they 
hea,rd  all  the  deliberations,  and  could  hinder  the  passage 
of  any  decree  by  the  single  word  veto,  which  is  a  Latin 
word,  signifying  /  forbid. 

§  176.  In  England,  the  king  possesses  an  absolute  veto, 
though  it  is  rarely  exercised,  which  prevents  the  passage 
of  the  law  against  which  it  is  exerted.  The  President's 
veto  is  not  absolute,  but  qualified.  It  has  no  other  efiect 
than  to  cause  the  legislature  to  reconsider  the  proposed 
law  and  examine  it  more  carefully,  and  to  suspend  or  delay 
its  passage  until  two-thirds  of  the  members  of  each  house 
agree  to  pass  it. 

§  177.  The  object  of  the  veto  is  to  enable  the  Presidrnt 


98  CONSTITUTIONAL   TEXT-BOOK. 

to  protect  the  executive  department  of  the  government 
against  the  encroachments  of  the  legislative  department, 
and  so  to  prevent  his  constitutional  authority  from  being 
weakened  or  taken  from  him.  It  is  also  intended  to  be 
used  to  check  the  passage  of  rash,  improper,  and  uncon- 
stitutional laws,  and  laws  enacted  without  due  considera- 
tion, as  in  times  of  temporary  political  excitement  or  vio- 
lent party  spirit. 

§  178.  The  objections  of  the  President  are  to  be  entered 
on  the  journals  of  the  house  in  which  the  bill  originated,  in 
order  that  they  may  be  permanently  recorded  and  pre- 
served. The  vote  upon  the  passage  of  the  law  is  required 
to  be  taken  by  yeas  and  nays,  and  the  names  of  the  per- 
sons voting  for  and  against  the  bill  are  entered  upon  the 
journals,  so  that  the  members  may  be  induced  to  vote  with 
more  care  and  deliberation. 

§  179.  If,  upon  reconsideration,  the  bill  is  passed  by  a 
vote  of  two-thirds  of  the  house  in  which  it  originated,  it 
is  then  to  be  sent,  together  with  the  President's  objections, 
to  the  other  house,  where  it  is  also  reconsidered,  and  if 
approved  by  two-thirds  of  that  house,  it  becomes  a  law 
without  the  signature  of  the  President,  and  notwithstand- 
ing his  objections. 

§  180.  If  the  President  could  retain  a  bill,  which  had 
been  sent  to  him,  for  an  indefinite  period  of  time,  without 
affixing  his  signature,  its  passage  might  thus  be  prevented 
or  delayed.  It  is,  therefore,  provided  that,  if  it  shall  not 
be  returned  by  him  within  ten  days,  (Sundays  excepted,) 
it  shall  become  a  law  in  like  manner  as  if  he  had  signed 
it,  unless  he  be  prevented  from  returning  it  by  the  adjourn 
ment  of  Congress,  in  which  case  it  shall  not  become  a 
law. 

§  181.  An  act  of  Congress  goes  into  effect  the  day  on 


THE    ENACTMENT    OF   LAWS.  99 

which  it  is  approved  by  the  President,  unless  the  act  itself 
appoint  a  different  time. 

The  commencement  of  an  act  of  Congress  is  as  follows : 
"  Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives of  America  in  Congress  assembled,  That,"  &c. 

[Clause  3.]  "  Every  Order,  Resolution,  or  Vote  to  which 
the  Concurrence  of  the  Senate  and  House  of  Representa- 
tives may  be  necessary  (except  on  a  question  of  Adjourn- 
ment) shall  be  presented  to  the  President  of  the  United 
States ;  and  before  the  Same  shall-  take  Effect,  shall  be 
approved  by  him,  or  being  disapproved  by  him,  shall  be 
repassed  by  two  thirds  of  the  Senate  and  House  of  Repre- 
sentatives, according  to  the  Rules  and  Limitations  pre 
scribed  in  the  Case  of  a  Bill." 

§  182.  Were  it  not  for  the  above  clause,  Congress  might 
pass  measures  in  the  form  of  orders  or  resolutions  instead 
of  passing  them  by  bills,  and  thus  evade  the  President's  veto. 
It  is,  therefore,  provided  that  orders,  resolutions,  or  votes 
to  which  the  concurrence  or  joint  assent  both  of  the  Senate 
and  House  of  Representatives  is  necessary,  shall  be  sent 
to  the  President  for  his  signature,  and  be  subject  to  the 
same  regulations  in  that  respect  as  if  they  were  bills. 


100  CONSTITUTIONAL   TEXT-BOOK. 


CHAPTER  YIII. 

THE    POWERS   VESTED    IN    CONGRESS. 

Section  8. 

§183.  The  object  of  this  important  section  is  to  ..  *§ 
merate  the  various  powers  which  have  been  expressly 
granted  to  Congress  by  the  Constitution. 

§  184.  The  mere  grant  of  a  power  to  Congress  by  the 
Constitution  does  not  of  itself  imply  that  the  States  are 
prohibited  from  exercising  the  same  power.  It  is  not  alone 
the  existence  of  the  power  in  Congress,  but  its  actual  exer- 
cise by  that  body,  which  restricts  the  States  in  the  exercise 
of  the  same  power.  For  instance.  Congress,  as  we  shall 
see,  is  authorized  to  establish  uniform  laws  on  the  subject 
of  bankruptcies  throughout  the  United  States ;  but  it  has 
been  held  that  the  States  may  pass  bankrupt  laws,  pro- 
vided there  be  no  law  on  the  subject  enacted  by  Congress. 
It  is. when  the  language  in  which  a  power  is  granted  to 
Congress,  or  the  nature  of  the  power,  requires  that  it 
should  be  enjoyed  by  Congress  exclusively,  that  the  subject 
is  taken  from  the  legislatures  of  the  States. 

Powers  which  may  be  exercised  both  by  Congress  and 
the  States  are  termed  concurrent  powers ;  those  which  are 
exercised  by  Congress  alone  are  termed  exclusive  powers. 

[Clause  1.]  "  The  Congress  shall  have  Power  to  lay  and 
collect  Taxes,  Duties,  Imposts  and  Excises,  to  pay  the 


THE   POWERS   VESTED. -IN  ,CCtNGJl?:^S.,     ,,    ,      101 

Debts  and  provide  for  the  common  Defence  and  general 
Welfare  of  the  United  States ;  but  all  Duties,  Imposts 
and  Excises  shall  be  uniform  throughout  the  United 
States." 

§185.  It  has  been  a  subject  of  frequent  discussion 
whether  the  words  "  to  pay  the  debts  and  provide  for  the 
common  defence  and  general  welfare  of  the  United  States," 
grant  a  separate  and  independent  power  to  Congress,  or 
whether  they  are  used  only  to  point  out  the  purpose  for 
which  the  taxes,  duties,  and  imposts  are  to  be  collected. 
The  latter  opinion  is  generally  received  as  correct.  The 
clause  conveys  the  power  of  taxation,  yet  restrains  the 
purpose  to  which  it  is  to  be  exercised — to  payment  of  the 
debts  and  provision  for  the  common  defence  and  general 
welfare  of  the  United  States. 

§  186.  The    constitutional   power   of  Congress   to   lay 
taxes  is  thus  limited  to  three  purposes : 
(1.)  To  pay  the  public  debt. 
(2.)  To  provide  for  the  common  defencv. 
(3.)  To  provide  for  the  general  welfare. 
These  objects  refer  to  the  common  interests  of  all  the 
States,  and  exclude  such  purposes  as  are  of  a  local  or  par- 
tial nature,  the  advantages  of  which  are  enjoyed  only  by 
one  or  a  few  of  the  individual  States. 

§  187.  Taxes  have  been  defined  in  §  78.  Duties  are 
charges  upon  goods  and  merchandise  imported  or  exported, 
that  is,  brought  into  or  taken  out  of  the  country.  But 
they  are  almost  wholly  confined  to  charges  upon  imported 
goods ;  for  those  laid  upon  exported  articles  are  designed 
rather  to  check  the  exportation  of  the  articles  than  to  raise 
a  revenue.  Imposts  is  a  word  used  in  a  general  sense  as 
similar  in  meaning  to  tax  or  public  burden.     Excises  are 

9* 


.1Q31    4.*.,^,».»<!0NSTITUTI0NAL   TEXT-BOOK. 

;;:  -'  ?/*  V*  *,  ^Z  "* : 

inland  charges  upon  articles  produced  or  manufactured 
within  a  country,  while  in  the  hands  of  the  producer  or 
manufacturer. 

§  188.  Under  the  Articles  of  Confederation,  (Art.  8,)  all 
expenses  incurred  for  the  common  defence  and  general 
welfare  were  supplied  by  the  several  States  in  proportion 
to  the  value  of  all  the  land  in  the  State  granted  to  or  sur- 
veyed for  any  person,  with  the  buildings  and  improvements 
thereon.  The  taxes  for  paying  the  share  or  proportion  of 
each  State  were  levied  and  collected  by  the  authority  and 
under  the  direction  of  the  respective  State  legislatures. 
The  Continental  Congress  had  no  authority  to  lay  a  tax 
directly  upon,  and  collect  it  from,  the  inhabitants  of  the 
States.  It  could  only  make  a  requisition  upon  the  legis- 
latures of  the  States  for  the  amount  of  their  contribution 
to  the  common  treasury,  and  the  States  could,  at  their 
pleasure,  either  grant  or  refuse  the  sums  thus  required  of 
them,  or  pay  a  less  sum.  This  was  one  of  the  most  se- 
rious evils  of  the  Confederation. 

§  189.  This  clause,  however,  gives  to  Congress  the  gene- 
ral power  of  imposing  taxes  immediately  upon  the  citizens 
of  the  States,  and  declares  that  duties,  imposts,  and  excises 
(but  not  taxes)  shall  be  uniform  throughout  the  United 
States.  Other  parts  of  the  Constitution  provide  for  direct 
taxes. 

Art.  I.  sec.  2,  clause  3,  requires  that  direct  taxes 
oiiall  be  apportioned  among  the  States,  according  to  their 
respective  numbers  as  determined  by  the  census;  and  sec. 
9,  clause  4,  of  the  same  article,  prohibits  any  capitation 
or  other  direct  tax,  unless  in  proportion  to  the  census. 
A  capitation,  or,  as  it  is  sometimes  called,  a  poll-tax, 
is  a  tax  imposed  upon  each  hea  1,  or  person,  of  the  popu- 
lation. 


THE    POWERS    VESTED   IN    CONGRESS.  103 

§190.  There  are  two  rules,  therefore,  for  the  govern- 
raent  of  Congress  in  imposing  taxes  : 

(1.)  The  rule  of  apportionment. 

(2.)  The  rule  of  uniformity. 

Capitation  and  other  direct  taxes  are  to  be  laid  by  the 
first  rule ;  duties,  imposts,  excises,  and  indirect  taxes  gene- 
rally, are  to  be  laid  by  the  second  rule. 

§  191.  The  difference  between  the  operation  of  a  direct 
lax  laid  according*  to  the  rule  of  apportionment,  and  an 
indirect  tax  laid  according  to  the  rule  of  uniformity,  may 
be  thus  illustrated : 

Suppose  Congress  were  to  impose  a  tax  of  ten  dollars 
on  each  carriage,  and  the  number  of  carriages  in  the 
United  States  were  two  hundred  and  thirty-four,  which  is 
the  number  of  representatives  at  present  in  Congress. 
The  sum  derived  from  the  tax  would  be  $2,340.  Now,  if 
this  were  to  be  regarded  as  a  direct  tax,  and  therefore 
apportioned  among  the  States  according  to  the  number  of 
their  representatives  in  Congress,  Rhode  Island,  having 
two  representatives,  would  have  to  pay  oIt  of  the  tax, 
equal  to  twenty  dollars ;  and  Ohio,  having  twenty-one 
representatives,  would  have  to  pay  t^Vj  of  ^^^g  tax,  equal 
to  two  hundred  and  ten  dollars. 

§  192.  If,  then,  there  were  in  Rhode  Island  five  persons 
owning  a  carriage,  each  would  have  to  pay  one-fifth  of  the 
tax  payable  by  that  State,  which  would  be  four  dollars ; 
and  if  in  Ohio  there  were  a  hundred  persons  owning  car- 
riages, each  would  have  to  pay  a  hundredth  part  of  the 
tax  payable  by  that  State,  which  would  be  two  dollars 
and  ten  cents ;  so  that  in  the  former  State  the  tax  upon 
the  owner  of  a  carriage  would  be  nearly  twice  as  much  as 
in  the  latter  State. 

§  193.  But  if  the  tax  which  wc  have  supposed  is  re- 


104  CONSTITUTIONAL   TEXT-BOOK. 

garded  as  an  indirect  tax,  (and  such  it  was  decided  really 
to  be,)  it  would  be  laid  according  to  the  rule  of  uniformity, 
and  then  each  owner  of  a  carriage  would  have  to  pay  ten 
dollars,  no  matter  what  was  the  number  of  persons  in  a 
particular  State  owning  carriages. 

§  194.  The  power  of  Congress  to  lay  and  collect  taxes, 
duties,  imposts,  and  excises,  extends  not  only  to  the  States, 
but  to  the  District  of  Columbia,  though  it  is  not  repre- 
sented in  Congress,  and  also  to  the  territories  of  the 
United  States.  But  Congress  is  not  bound  to  extend  a 
direct  tax  to  the  district  and  territories.  They  are  held 
subject  to  taxation  because  they  are  a  part  of  the  Union, 
and  the  power  of  taxation  vested  by  the  Constitution  in 
Congress  extends  over  the  whole  country. 

§  195.  The  Supreme  Court  of  the  United  States  on  one 
occasion  expressed  great  doubts  whether  any  taxes  are 
direct  taxes  within  the  meaning  of  the  Constitution,  except 
capitation  taxes  and  taxes  on  land ;  and  such  seems  to  be 
the  general  opinion. 

§  196.  Duties  on  imports  are  of  two  kinds ; 

(1.)  Specific  duties. 

(2.)  Ad  valorein  duties. 

A  specific  duty  is  a  tax  of  a  certain  amount  on  goods, 
estimating  them  by  weight,  bulk,  or  measure ;  for  instance, 
a  duty  of  one  dollar  on  every  ton  of  iron,  or  of  one  cent 
on  every  pound  of  sugar  or  yard  of  calico,  would  be 
a  specific  duty.  An  ad  valorem  duty  is  one  estimated 
according  to  the  value  or  cost  of  the  goods ;  a  duty  of  fivo 
per  cent,  on  iron  ;  that  is,  five. dollars  on  every  one  hun- 
dred dollars'  worth  of  iron,  would  be  an  ad  valorem  duty. 

§  197.  Duties  are  laid  on  imports  and  tonnage.  By 
tonnage  is  meant  the  cubical  contents  or  burden  of  a  ves- 
sel expressed  in  tons.     The  duties  paid  on  the  tonnage  of 


THE    POWERS   VESTED    IN    CONGRESS.  105 

A  ship  or  vessel,  are  also  called  tonnage.  By  former  acts 
of  Congress,  vessels  of  the  United  States  entering  from  a 
foreign  port,  or  entering  a  collection  district  in  one  State 
from  a  district  in  another  State,  were  subject  to  cer- 
tain tonnage  duties.  Such  duties  were  also  imposed  on 
foreign  vessels,  but  higher  than  those  paid  bj  American 
vessels. 

§  198.  These  duties  are  now,  by  an  act  of  May  31, 1830, 
abolished  in  relation  to  American  vessels,  and  vessels  of 
the  United  States  are  admitted  into  the  ports  of  the  United 
States  free  of  duty.  All  tonnage  duties  on  foreign  ves- 
sels are  also  abolished,  provided  the  President  is  satisfied 
that  the  corresponding  duties  of  such  foreign  nation,  so  far 
as  they  operate  to  the  disadvantage  of  the  United  States, 
have  been  abolished. 

§  199.  By  Article  I.  sect.  10,  clause  2,  the  several 
States  are  prohibited  from  laying  any  imposts  or  duties  on 
exports  or  imports,  without  the  consent  of  Congress,  ex- 
cept what  may  be  absolutely  necessary  for  executing  their 
inspection  laws,  by  which  are  meant  laws  providing  for 
the  examination  of  commodities,  in  order  to  ascertain  their 
quality ;  and  they  are  also  prohibited,  by  the  same  clause, 
from  laying  any  duty  on  tonnage  without  the  consent  of 
Congress.  The  object  of  these  provisions  is  to  vest  the 
supervision  and  control  of  the  whole  subject  in  Congress. 

§  200.  The  duties  charged  upon  imports  or  exports  are 
paid  by  the  person  who  imports  or  exports  the  goods.  '  If 
imported  goods  are  not  to  be  used  in  the  United  States, 
but  are  to  be  re-exported,  an  allowance  is  made  to  the  im- 
porter, and  in  some  cases  the  whole,  in  others  a  part,  of 
the  duties  is  paid  back  to  him.  This  allowance  is  called  a 
drawback.  The  collector  of  the  port  at  which  the  goods 
are  entered  gives  to  the  importer  a  certificate,  called  a  de- 


106  CONSTITUTIONAL   TEXT-BOOK. 

benture,  which  sets  forth  the  amount  due  to  him  by  tho 
United  States  for  drawback  of  duties. 

§  201.  The  rate  of  customs  and  duties  payable  on  mer- 
chandise is  called  a  tariff.  The  list  of  articles  arranged 
so  as  to  exhibit  the  various  duties,  drawbacks,  &c.,  charged 
or  allowed  on  the  importation  or  exportation  of  foreign 
and  domestic  articles,  is  also  called  a  tariff. 

§  202.  If  the  importer  intends  to  re-export  merchandise, 
he  may  deposit  it  in  a  public  warehouse  established  by  the 
government,  generally  termed  a  bonded  warehouse,  or, 
under  certain  regulations,  in  a  private  bonded  warehouse, 
and  give  bond  for  the  payment  of  the  duties,  in  case  it 
should  not  be  exported  again,  but  be  used  in  the  United 
StatQS. 

§  203.  Where  the  acts  of  Congress  impose  an  ad  valo- 
rem rate  of  duty,  it  is  made  the  duty  of  the  collector  of 
the  port  at  which  the  goods  are  imported,  to  cause  the 
actual  market  value  at  wholesale  price  of  the  goods,  at 
the  period  of  their  exportation  to  the  United  States,  in 
the  principal  markets  of  the  country  whence  they  have 
been  imported,  to  be  appraised  and  estimated ;  to  such 
value  are  added  certain  costs  and  charges,  and  thus  the 
true  value  of  the  goods  is  ascertained,  upon  which  the 
duties  are  assessed. 

§  20-i.  In  each  of  the  large  ports  of  the  United  States, 
appraisers,  and,  in  some  instances,  assistant  appraisers, 
are  appointed  by  the  President,  to  perform  all  the  duties 
in  the  appraisement  of  imports  and  exports,  required  by 
the  revenue  laws.  They  are  the  detectors  of  frauds  in 
invoices. 

§  205.  An  invoice  is  an  account  of  goods  or  merchan- 
dise sent  by  merchants  to  the  purchasers,  in  which  the 
marks  of  each  package,  with  their  nature,  value,  charges, 


THE   POWERS   VESTED   IN   CONGRESS.  107 

&c.,  are  set  forth.  Invoices  of  imported  goods  must  be 
verified  by  the  oath  of  the  importer,  his  consignee,  or 
agent.  The  person  from  whom  goods  are  shipped  is  called 
the  consignor;  the  person  to  whom  they  are  shipped  is 
termed  the  consignee. 

§  206.  The  appraisers  are  the  judges  of  the  quality  and 
cost  of  goods,  and  they  compare  the  goods  with  the  invoice, 
or  calculate  and  fix  the  value  of  the  goods  entered  with- 
out invoice.  The  invoices  of  all  goods  and  merchandise 
imported  from  a  foreign  port  are  submitted  to  the  ap- 
praiser, together  with  such  packages  as  are  ordered  for 
examination.  If  the  packages  are  found  to  agree  with 
the  invoices  in  quantity,  quality,  and  manufacture,  the 
facts  are  noted  on  the .  invoice ;  if  they  do  not  so  agree,- 
the  appraiser  makes  his  return  to  the  collector  ac- 
cordingly. 

§  207.  When  goods  are  not  supposed  to  be  fraudulently 
invoiced,  but  in  the  judgment  of  the  appraisers  are  not 
invoiced  at  their  full  value,  they  add  such  an  amount  as 
will  bring  them  up  to  their  full  value.  When  fraud  is  sus- 
pected, the  appraiser  reports  the  facts  to  the  collector,  and, 
if  he  agree  with  the  appraiser  in  his  suspicions,  the  goods 
are  ordered  to  be  seized, 

§  208.  A  manifest  is  a  written  instrument  containing  a 
true  account  of  the  cargo  of  a  ship  or  commercial  vessel. 
The  manifest  of  ships  or  vessels  belonging  in  whole  or  in 
part  to  citizens  of  the  United  States,  in  which  goods  are 
imported,  is  required,  by  act  of^  Congress,  to  be  signed  by 
the  master  of  the  vessel,  and  to  set  forth  the  names  of 
the  places  where  the  goods  were  taken  on  board,  and 
the  places  in  the  United  States  to  which  they  are  con- 
signed; also  the  name,  description,  and  tonnage,  of  the 
/■essel;  a  particular  account  of  the  goods  on  board,  and 


108  CONSTITUTIONAL   TEXT-BOOK. 

the  names  of  the  persons  to  whom  they  are  consigned, 
together  with  the  names  of  the  passengers  on  board. 

§  209.  The  duties  and  charges  upon  goods,  wares,  and 
merchandise,  imported  or  exported,  are  collected  under 
the  dirjection  of  the  Treasury  department.  The  States  are 
for  this  purpose  divided  into  collection  districts,  in  each 
of  which  is  a  collector  appointed  by  the  President  and 
Senate  for  the  term  of  four  years,  but  removable  at  the 
pleasure  of  the  President.  In  each  collection  district 
there  is  'established  one  port  for  the  entry  of  goods,  and 
one  or  more  ports  of  delivery,  each  port  of  entry  being 
also  a  port  of  delivery. 

§  210.  The  collector  receives,  at  the  port  of  entry  within  his 
district,  all  the  documents  required  by  law  to  be  produced 
when  vessels  and  the  goods  imported  in  them  are  entered. 
The  entry  of  goods  is  the  submitting  to  the  collector  and 
officers  of  the  customs  the  goods  imported,  with  a  statement 
or  description  of  them,  together  with  the  original  invoices. 

§  211.  The  duties  of  a  collector  of  customs  are  to  receive 
all  reports,  manifests,  and  documents  to  be  made  or  exhibited 
on  the  entry  of  any  ship  or  vessel ;  to  record  all  manifests 
in  books ;  to  receive  the  entries  of  all  ships  or  vessels, 
and  the  goods,  wares,  or  merchandise  imported  in  them  ; 
to  estimate,  together  with  the  naval  officer,  where  there  is 
one,  or  alone,  where  there  is  none,  the  amount  of  duties 
payable,  endorsing  the  amounts  upon  the  respective 
entries. 

§212.  He  also  receives  all  moneys  paid  for  duties,  and 
takes  the  bonds  for  securing  their  payment,  and  grants 
permits  for  the  unlading  and  delivery  of  goods.  lie  is 
authorized,  with  the  approbation  of  the  secretary  of  the 
treasury,  to  employ  proper  persons  as  weighers,  gaugers, 
measurers,  and  inspectors,  at  the  several  ports  within  his 


THE    POWERS    VESTED    IN   CONGRESS.  109 

district,  and  to  provide  storehouses  for  the  safe  keeping 
of  goods,  anl  such  scales,  weights,  and  measures  as  may 
be  necessary.  The  collector  does  not  grant  a  permit  for 
the  unloading  and  delivery  of  goods  until  the  duties  have 
been  paid,  or  bonds  with  sureties  have  been  given  for  theii 
payment  at  a  certain  time. 

The  official  business  of  the  collector  is  transacted  at 
the  custom-house. 

§  213.  In  some  of  the  more  important  ports,  a  naval 
officer  and  surveyor  are  also  appointed.  An  act  of  Con- 
gress makes  it  the  duty  of  the  naval  officer  to  receive 
copies  of  manifests  and  entries,  and,  together  with  the 
collector,  estimate  the  duties  on  all  goods  subject  to  duty, 
(and  no  duties  shall  be  received  without  such  estimafte,) 
and  to  keep  a  separate  record  of  them ;  also  to  counter- 
sign all  permits,  clearances,  certificates,  debentures,  and 
other  documents  granted  by  the  collector,  and  to  examine 
the  collector's  account  of  duties,  receipts,  bonds,  and  ex- 
penditures, and,  if  found  right,  to  certify  them. 

§  214.  The  naval  officer  is  appointed  directly  by  the 
President.  He  is  independent  of  the  collector,  and  is  in- 
tended to  act  as  a  check  upon  that  officer;  all  entrie**, 
therefore,  which  are  commenced  in  the  collector's  office, 
must  be  continued  through  the  naval  office,  and  are  carried 
through  the  same  forms  in  both  offices. 

§215.  The  surveyor  has  charge  of  the  inspectors, 
weighers,  measurers,  and  gangers  within  his  port.  He 
visits  and  inspects  all  vessels  that  arrive,  and  makes  a 
return  to  the  collector,  of  the  vessels  as  they  arrive.  Ho 
is  an  independent  officer,  appointed  by  the  President. 

§216.  The  collector,  naval  officer,  surveyor,  or  other 
person  specially  appointed  by  them  for  that  purpose,  has 
authority  to  enter  any  ship  or  vessel  in  which   there  is 

JO 


110  C0NSTITUTI02QAL   TEXT-BOOK. 

reason  to  suspect  that  any  goods  subject  to  duty  arc  con- 
cealed, and  to  search  for  and  seize  such  goods  ;  and  if  they 
Buspect  goods  are  concealed  in  any  store  or  building,  they 
may,  upon  application  on  oath  to  any  justice  of  the  peace, 
obtain  a  warrant  to  enter  and  search  such  place,  (in  the 
daytime  only,)  and  seize  and  secure  for  trial,  the  goods 
that  may  be  found  there. 

§  217.  All  such  goods  on  which  the  duties  shall  not  have 
been  paid,  or  secured  to  be  paid,  are  to  be  forfeited ;  and 
all  other  violations  of  the  revenue  laws  are  punished  by 
severe  fines  and  penalties. 

§  218.  There  are  also  small,  swift-sailing  vessels  at- 
tached to  the  more  important  ports,  built  by  and  under 
the  command  of  the  government,  called  revenue  cutters, 
which  are  used  for  pursuing  smugglers,  that  is,  those  who 
import  or  export  goods  privately  and  contrary  to  law,  or 
without  paying  the  duties,  and  for  otherwise  enforcing  the 
revenue  laws.  The  revenue  cutters  are  also  authorized  to  aid 
in  enforcing  the  quarantine  and  health  laws  of  the  States. 

§  219.  Congress  has  at  different  times  passed  many  acts 
concerning  the  navigation,  ships,  and  seamen  of  the  United 
States,  and  giving  numerous  privileges  to  vessels  owned 
and  commanded  by  our  own  citizens.  Such  vessels  are 
entitled  to  be  registered,  enrolled,  or  licensed,  according 
to  the  nature  of  the  trade  in  which  they  are  engaged,  and 
are  thereupon  considered  as  vessels  of  the  United  States, 
entitled  to  the  benefits  and  privileges  of  such  ships. 

§  220.  The  registry  of  a  vessel  is  a  record  made  in  the 
office  of  the  collector  of  the  district  to  which  the  vessel 
belongs,  embracing  the  measurement  of  the  vessel,  her 
name,  the  port  to  which  she  belongs,  her  burden,  the  year, 
and  the  name  of  the  place  in  which  she  was  built,  and  the 
names  and  residences  of  the  owners.     A  certificate  of  the 


THE    POAVERS    VESTED    IN    CONGRESS.  Ill 

*  registry  is  given  by  the  collector  to  the  owner  or  captain 
of  the  vessel.  Certificates  of  registry  are  issued  to  Ameri- 
can vessels  engaged  in  the  foreign  trade. 

§  221.  No  owner  is  compelled  to  register  his  vessel ; 
hut,  unless  registered,  (with  the  exception  of  those  enrolled 
and  licensed  in  the  coasting  and  fishing  trades,)  she  is  not 
entitled  to  the  privileges  and  benefits  of  a  vessel  of  the 
United  States,  although  she  be  built,  owned,  and  com- 
manded by  citizens  thereof. 

§  222.  In  order  to  obtain  a  register,  oath  must  be  made 
that  the  master  is  a  citizen  of  the  United  States,  and  that 
the  vessel  has  been  built  in  the  United  States,  and  is  wholly 
owned  by  citizens  thereof.  If  the  master  of  a  registered 
vessel  is  changed,  or  if  the  vessel's  name  be  altered,  such 
fact  must  be  endorsed  upon  the  register  at  the  custom- 
house, or  she  will  cease  to  be  considered  a  vessel  of  the 
United  States. 

§223.  The  trade  carried  on  between  one  part  of  the 
United  States  and  another,  on  the  sea-coast,  or  on  navigable 
rivers,  is  called  the  coasting  trade.  All  vessels  built  in 
the  United  States  and  wholly  owned  by  citizens  thereof, 
which  are  destined  to  be  employed  in  the  coasting  and 
fishing  trades,  (except  those  engaged  in  whaling,)  and  are 
above  twenty  tons  burden,  in  order  to  become  entitled  to 
the  privileges  of  vessels  of  the  United  States  in  those 
trades,  must  be  both  enrolled  and  licensed ;  if  they  are 
less  than  twenty  tons,  they  need  not  be  enrolled,  but  must 
be  licensed.  Licenses  are  valid  only  for  one  year  after 
their  date,  but  they  may  be  renewed  at  any  time.  The 
same  qualifications  and  requisites  in  all  respects  are  de- 
manded, in  order  to  the  enrolling  and  licensing  of  a  vessel, 
nhich  are  required  for  a  registry. 

§  224.  Registered  vessels  may  be  enrolled  and  licensed 


112  CONSTITUTIONAL  TEXT-BOOK. 

upon  giving  up  the  registry ;  and.  enrolled  and  licensed 
vessels  may  be  registered  on  giving  up  the  enrolment  and 
license.  Vessels  enrolled  and  licensed  for  the  coasting 
trade,  cannot,  under  penalty  of  forfeiture,  proceed  on  a 
foreign  voyage,  without  giving  up  their  enrolment  and 
license,  and  receiving  a  registry. 

§  225.  Vessels  owned  by  American  citizens  and  employed 
in  the  foreign  trade,  which,  on  account  of  being  foreign 
built,  or  for  other  cause,  are  refused  a  register,  are  termed 
unregistered  vessels,  and  sail  under  the  authority  of  a  sea- 
letter,  certifying  such  vessel  to  be  the  property  of  a  citizen 
of  the  United  States. 

§  226.  Certificates  of  record  are  granted  to  vessels  built 
in  the  United  States,  but  which  belong  wholly,  or  in  part, 
to  citizens  or  subjects  of  a  foreign  power. 

The  certificates  of  registry,  and  of  enrolment,  and 
licenses,  are  termed  permanent,  if  the  vessel  belongs  to 
the  port  or  district  where  the  certificate  or  license  is 
issued,  and  temporary,  if  the  vessel  belongs  to  another  port 
or  district. 

§  227.  Masters  of  vessels  bound  to  foreign  ports,  are 
furnished  by  the  collectors  with  a  list  of  their  crew,  dis- 
tinguishing foreigners  from  citizens,  and  with  a  certificate 
of  citizenship  to  each  citizen  seaman,  called  his  protection 
certificate.  The  crew-list,  as  required  by  acts  of  Congress 
and  sometimes  by  treaties,  is  necessary  for  the  protection 
of  the  crew  of  every  vessel  in  the  course  of  her  voyage 
during  a  war. 

[Clause  2.]  "  To  borrow  Money  on  the  credit  of  the 
United  States." 

§  228.  A  similar  power  was  granted  to  the  Continental 
Congress  by  the  Articles  of  Confederation,  (Art.  9,  §  5.) 


THE   POWERS    VESTED    IN   CONGRESS.  113 

Taxes  and  duties  may  not  be  sufficient  at  all  times  to 
supply  the  wants  of  the  government.  During  wars,  espe- 
cially, it  is  often  necessary  to  borrow  money. 

[Clause  3.]  "  To  regulate  Commerce  with  foreign  Na- 
tions, and  among  the  several  States,  and  with  the  Indian 
Tribes." 

§  229.  Commerce  is  defined  to  be  an  exchange  of  goods, 
wares,  or  property  of  any  kind,  between  nations  or  indi- 
viduals. The  word,  as  used  in  the  Constitution,  seems  to 
include  not  only  traffic  or  barter,  but  intercourse  and  navi- 
gation. , 

§  230.  Under  the  Confederation,  commerce  was  in  a 
very  depressed  state,  chiefly  because  of  the  want  of  power 
in  Congress  to  establish  and  enforce  regulations  on  the 
subject.  Congress  could,  indeed,  enter  into  treaties  with 
foreign  nations,  but  had  no  means  of  enforcing  the  obser- 
vance of  them  by  the  States.  Each  State  made  its  own 
regulations  with  reference  to  trade  and  commerce,  and 
naturally  sought  to  favour  its  own  local  interests  even  at 
the  expense  of  the  other  States.  These  hostile  restric- 
tions led  to  measures  of  retaliation,  the  tendency  of  which 
was  to  destroy  all  commercial  intercourse. 

§  231.  This  clause  grants  to  Congress  the  full  power  of 
regulating  foreign  and  domestic  commerce,  navigation,  and 
intercourse.  The  power  does  not  extend  to  internal  traffic 
between  individuals  in  diflferent  parts  of  the  same  State,  but 
to  the  trade  which  may  be  carried  on  between  the  United 
States  and  foreign  States,  and  among  the  several  States, 
and  from  one  State  to  places  within  the  territory  of  another 
State. 

§  232.  Congress  is  authorized  to  regulate  the  whole  sub- 
ject of  commerce ;  its  power  has  been  decided  to  be  exclu- 

10* 


114  CONSTITUTIONAL   TEXT-BOOK. 

sive.  A  State,  therefore,  cannot  lay  a  taj»  j^  i.r.jjjHcr? 
or  on  imported  goods,  because  that  would  60  l  restraint 
upon  the  sale  of  imported  goods,  and  the  importation  of 
foreign  goods  is  a  part  of  commerce,  the  regulation  of 
which  belongs  solely  to  Congress.  In  like  manner,  certain 
acts  of  the  legislature  of  New  York  granting,  for  a  term 
of  years,  to  Robert  R.  Livingston  and  Robert  Fulton  the 
exclusive  right  to  navigate  the  waters  within  the  jurisdic- 
tion of  that  State,  with  steamboats,  were  held  to  be  viola- 
tions of  this  clause  of  the  Constitution,  and  therefore  void, 
so  far  as  they  prohibited  vessels  licensed  under  the  laws 
of  the  United  States  to  carry  on  the  coasting  trade,  from 
navigating  the  same  waters. 

§  233.  The  authority  granted  by  this  clause  extends  to 
fisheries  along  the  coast,  the  government  of  seamen  on 
board  of  American  ships,  to  the  subject  of  wrecks,  to  the  en- 
actment of  pilotage  laws,  and  of  laws  regulating  quarantine. 

Quarantine  is  a  period  of  time  during  which  a  vessel 
arriving  in  port,  and  suspected  of  being  infected  with  a 
malignant  or  contagious  disease,  is  not  allowed  to  com- 
municate with  the  shore,  except  under  particular  restric- 
tions. The  object  of  compelling  a  vessel  to  perform 
quarantine,  is  to  prevent  the  introduction  of  disease  into 
the  country. 

§  234.  This  authority  extends  also  to  the  construction 
of  light-houses  and  of  buoys,  to  clearing  rivers,  harbours, 
and  bays  of  obstructions  to  navigation,  and  to  consti- 
tuting ports  for  the  entry  of  goods  ;  it  likewise  includes 
the  laying  of  a  temporary  embargo,  but  not  of  a  perpe- 
tual embargo^  because  that  would  have  the  eifect  of  de- 
stroying, not  of  regulating,  commerce.  An  embargo  is  a 
restraint  or  prohibition  on  vessels,  to  prevent  their  leaving 
1  port. 


THE    POWERS    VESTED    IN    CONGRESS.  115 

§  235.  The  laws  which  exist  in  many  of  the  States  pro- 
viding for  the  inspection  of  certain  articles,  such  as  floar, 
meat,  &c.,  the  laws  of  the  States  for  regulating  their  in- 
ternal commerce,  and  those  with  respect  to  turnpike-roads, 
ferries,  &c.,  are  valid,  and  are  not  within  the  power  given 
to  Congress  to  regulate  commerce. 

§  236.  By  the  Articles  of  Confederation,  (Art.  9,  sec.  4,) 
Congress  was  empowered  to  regulate  the  trade  and  manage 
all  affairs  with  the  Indians  who  were  not  members  of  any 
of  the  States,  provided  the  legislative  right  of  any  State 
within  its  own  limits  was  not  infringed.  The  Constitution, 
however,  gives  to  Congress  the  power  of  regulating  com- 
merce with  the  Indian  tribes  wherever  situated,  whether 
they  be  within  or  without  the  limits  of  a  particular  State 
or  of  the  United  States.  The  Indian  tribes  within  a  State, 
or  in  the  national  territories,  are  regarded  as  domestic 
nations,  exercising  the  powers  of  government,  but  depend- 
ant on  the  United  States,  and  holding  their  territory  only 
by  right  of  occupancy. 

[Clause  4.]  "  To  establish  an  uniform  Rule  of  Natural- 
ization, and  uniform  Laws  on  the  subject  of  Bankruptcies 
throughout  the  United  States." 

§  237.  Naturalization  means  the  act  by  which  an  alien, 
or  foreigner,  becomes  a  citizen  of  the  United  States. 

Under  the  Confederation,  each  State  possessed  the 
power  to  naturalize  aliens.  The  regulations  upon  the  sub- 
ject, and  the  qualifications  required  by  the  different  States, 
were  various,  which  led  to  confusion  and  to  conflicts  ;  for 
Bome  States  required  a  short,  others  a  long  period,  of 
previous  residence. 

§  238.  The  Articles  of  Confederation  (Art.  4)  declared 
that  the  free  inhabitants  of  each  State  were  entitled  to  the 


116  CONSTITUTIONAL   TEXT-BOOK 

privileges  of  citizens  in  all  other  States.  A  foreigner,  by 
becoming  naturalized  in  a  State  which  required  a  short 
period  of  previous  residence,  could  then  remove  into  a 
State  which  required  a  long  period,  obtain  the  privileges 
of  a  citizen  there,  and  thus  evade  the  laws  of  the  latter 
State. 

§239.  To  remedy  the  evils  in  this  respect  existing 
under  the  Confederation,  the  Constitution  gives  Congress 
the  power  to  establish  a  rule  of  naturalization  which  shall 
be  uniform  throughout  the  whole  country.  This  clause 
does  not  in  express  terms  prohibit  the  States  from  esta- 
blishing rules  of  naturalization  ;  but  it  has  been  held  that 
the  power  of  Congress  is  necessarily  exclusive,  and  ope- 
rates to  restrain  the  States,  because,  if  each  State  had 
power  to  establish  a  distinct  rule  for  itself,  there  would 
probably  be  no  uniform  rule. 

§  240.  By  an  act  of  Congress,  passed  in  1790,  a  foreigner 
was  required  to  reside  two  years  in  the  United  States 
before  he  could  become  naturalized  ;  in  1795,  the  period  of 
previous  residence  was  extended  to  five  years ;  in  1798,  it 
was  still  farther  extended  to  fourteen  years ;  in  1802,  it  was 
again  reduced  to  five  years,  where  it  remains  at  present. 

§  241.  Any  alien,  being  a  free  white  person,  in  order  to 
become  a  citizen  of  the  United  States,  must  first  declare 
on  oath,  or  afiirmation,  before  some  national  or  State 
Cuurt,  at  least  two  years  before  his  application  for  admis- 
sion as  a  citizen,  that  it  is  his  intention,  in  good  faith,  to 
become  a  citizen  of  the  United  States,  and  to  renounce  all 
allegiance  to  the  government  of  which  he  is  at  the  time  a 
subject.  This  is  commonly  called  his  declaration  of  in- 
tention. 

§  242.  Afterward,  at  the  time  of  his  application,  he 
must  swear   to   support  the   Constitution  of  the   United 


THE    POWERS   VESTED   IN    CONGRESS.  117 

States,  and  to  renounce  all  allegiance  and  fidelity  to  every 
foreign  prince  or  State.  It  is  also  necessary  that  he  shall 
have  resided  in  the  United  States  five  years  at  least  prior 
to  his  application,  and  in  the  State  or  territory  where  he 
then  resides,  at  least  one  year,  and  that  during  that  time 
he  has  behaved  as  a  man  of  good  moral  character,  at- 
tached to  the  principles  of  the  Constitution  of  the  United 
States,  and  well  disposed  to  the  good  order  and  happiness 
of  the  same.  The  applicant  is  not  Allowed  to  prove  his 
residence  by  his  own  oath ;  but  he  must  bring  forward 
witnesses  to  the  fact,  who  are  citizens  of  the  United 
States. 

§243.  Children  of  persons  duly  naturalized,  who  are 
under  twenty-one  years  of  age  at  the  time  of  their  parents 
being  naturalized,  are,  if  dwelling  in  the  United  States, 
considered  as  citizens  of  the  United  States.  Persons  born 
out  of  the  limits  and  jurisdiction  of  the  United  States, 
whose  fathers  were  or  shall  be  citizens  at  the  time  of  their 
birth,  are,  by  an  act  of  Congress,  declared  to  be  citizens 
of  the  United  States ;  but  the  right  of  citizenship  thus 
acquired,  cannot  descend  to  persons  whose  fathers  never 
resided  in  the  United  States.  Any  woman  who  might 
lawfully  be  naturalized  under  the  existing  laws,  who  is 
married  to  a  citizen,  shall  be  deemed  and  taken  to  be  a 
citizen.  If  an  alien  dies  after  his  declaration  of  inten- 
tion, but  before  he  is  actually  naturalized,  his  widow  and 
children  shall  be  considered  as  citizens  of  the  United 
States,  and  shall  be  entitled  to  all  the  privileges  as  such, 
upon  taking  the  oath  prescribed  by  law. 

§  244.  Aliens,  in  applying  to  become  citizens,  are 
obliged  to  renounce  any  hereditary  title  or  order  of  no- 
bility which  they  may  have  possessed,  or  may  become 
entitled  to,  in  the  country  from  which  they  have  emigrated. 


118  CONSTITUTIONAL   TEXT-BOOK. 

§  245  This  clause  also  invests  Congress  with  the  power 
to  establish  uniform  rules  on  the  subject  of  bankruptcy. 

Bankruptcy  and  insolvency  both  arise  from  inability  on 
the  part  of  a  debtor  to  pay  his  debts.  But  there  is  a  differ* 
ence  between  a  bankrupt  law  and  an  insolvent  law.  The 
former  applies  to  merchants  and  traders,  and  discharges  the 
bankrupt  from  all  responsibility  for  his  debts,  so  that  the 
property  acquired  by  him  after  his  bankruptcy  cannot  be 
seized  by  a  former  creditor.  An  insolvent  law  merely 
protects  the  person  of  the  debtor,  leaving  any  property  he 
may  acquire  afterward,  liable  to  be  seized  for  the  old  debt. 

§  246.  During  the  Confederation,  the  power  to  establish 
laws  on  the  subject  of  bankruptcy  was  vested  in  the  seve- 
ral States.  By  the  Constitution  it  is  transferred  to  Con- 
gress, because  it  is  closely  connected  with  the  regulation 
of  contimerce,  and  because  the  bankrupts  themselves,  and 
their  property,  may  be  in  different  States.  If  the  States 
were  permitted  to  legislate  on  the  subject  at  the  same  time 
with  Congress,  much  confusion  and  injustice  would  ensue 
from  the  differences  in  their  enactments. 

§  247.  But  it  has  been  held  that  the  power  of  Congress 
is  not  exclusive,  and  that  when  it  is  not  actually  exercised 
by  the  national  legislature,  the  States  may  pass  bankrupt 
laws.  Those  law^s,  however,  cannot  discharge  persons  from 
contracts  made  prior  to  their  passage,  and  they  only  ex- 
tend to  contracts  made  within  the  State  between  citizens 
of  the  same  State.  "When  a  general  bankrupt  law  is 
passed  by  Congress,  this  right  of  the  States  is  suspended, 
and  the  State  laws  become  inoperative. 

§  248.  Congress  exercised  the  power  granted  in  this 
clause,  by  the  passage  of  a  bankrupt  law,  April  4,  1800, 
which  was  repealed  December  19,  1803.  A  second  bank- 
-apt  law  was  passed  August  19,  1841,  and  repealed  March 


THE   POWERS   VESTED   IN    CONGRESS.  119 

3,  1843.     At  present  there  is  no  national  bankrupt  law 
in  force. 

[Clause  5.]  "  To  coin  Money,  regulate  the  Value  there- 
of, and  of  foreign  Coin,  and  fix  the  Standard  of  Weights 
,and  Measures." 

§  249.  The  power  to  coin  money,  and  fix  the  standard  of 
weights  and  measures,  was  vested  in  the  Congress  by  the 
Articles  of  Confederation.  The  same  power  is  conferred 
upon  Congress  by  the  Constitution,  with  the  additional 
right  to  regulate  the  value  of  foreign  coin.  These  powers 
are  granted  to  Congress  for  the  convenience  of  commerce, 
in  order  that  uniform  regulations  may  exist  in  all  the 
States.     Money  is  coined  at  the  mint  of  the  United  States. 

§  250.  The  officers  of  the  mint  are,  the  director,  who  has  the 
control  and  management  of  the  mint,  the  superintendence 
of  the  persons  employed  therein,  and  the  general  regula- 
tion of  the  business  of  the  branches ;  the  treasurer,  who 
keeps  all  moneys  and  accounts  of  the  mint,  and  has  charge 
of  all  bullion  and  coin  in  the  mint ;  the  assayer,  who 
assays  all  metals  used  in  coinage ;  the  melter  and  refiner, 
who  executes  all  operations  which  are  necessary,  in  order 
to  form  ingots  of  standard  silver  and  gold,  suitable  for  the 
chief  coiner,  who  forms  the  coins,  according  to  the  law, 
from  the  silver  and  gold  ingots  and  the  copper  planchets, 
legally  delivered  to  him  for  the  purpose;  the  engraver, 
who  prepares  and  engraves  the  legal  devices  and  inscrip- 
tions, and  the  dies  used  in  the  coinage  of  the  mint. 

§  251.  Prior  to  the  establishment  of  a  mint  under  the 
Constitution,  there  was  no  national  institution  in  which 
coins  were  struck  by  the  United  States.  In  1792,  a  mint 
establishment  for  the  United  States  was  authorized  by 
Congress  for  the  purpose  of  national  coinage,  to  be  carried 


120  CONSTITUTIONAL   TEXT-BOOK. 

on  at  the  seat  of  government  for  the  time  being.  The 
seat  of  government  at  that  time  was  Philadelphia ;  but 
since  its  removal  to  Washington,  the  mint  has  been  con- 
tinued at  Philadelphia  i^^  virtue  of  special  acts  of  Congress. 

§  252.  It  is  lawful  for  any  person  to  take  to  the  mint 
uncoined  gold  or  silver,  in  order  to  have  it  coined,  and  the 
metal  so  brought  is  there  assayed  and  coined  as  speedily  as 
may  be  after  the  receipt  thereof,  and,  if  of  the  standard 
of  the  United  States,  free  of  expense  to  the  person  by 
whom  it  has  been  taken.  But  the  treasurer  of  the  mint  is 
not  obliged  to  receive,  for  the  purpose  of  refining  and 
coining,  any  deposite  of  less  value  than  one  hundred  dol- 
lars, nor  any  metal  so  base  as  to  be  unsuitable  for 
minting. 

§  253.  Although  the  mint  of  the  United  States  is  located 
at  Philadelphia,  branch  mints  have  been  established  at  Char- 
lotte, North  Carolina ;  at  Dahlonega,  Georgia ;  at  New 
Orleans,  Louisiana ;  at  San  Francisco,  California ;  and  an 
assay,  melting,  and  refining  office  at  New  York. 

§  254.  Congress  has  passed  several  acts  declaring  the 
value  at  which  foreign  coins  shall  be  estimated,  but  has 
not,  as  yet,  enacted  any  law  fixing  the  standard  of  weights 
and  measures.  The  States  have  legislated  for  themselves 
upon  that  subject,  or  have  continued  in  use  the  standards 
existing  at  the  time  of  the  adoption  of  the  federal  Consti- 
tution. The  weights  and  measures  used  in  the  States  are 
generally  the  same  as  those  of  England. 

[Clause  6.]  "  To  provide  for  the  Punishment  of  coun- 
terfeiting the  Securities  and  current  Coin  of  the  United 
States." 

§255.-  This  power  is  necessary,  in  order  to  carry  into 
effect  successfully  the  provisions  of  the  preceding  clause, 


THE   POWERS   VESTED   IN   CONGRESS.  121 

aince  it  would  be  vain  to  coin  money  without  having  au- 
thority to  punish  those  who  counterfeit  it.  Congress  has 
passed  many  severe  laws  against  those  who  falsify,  lighten, 
or  counterfeit  the  coin  of  the  United  States ;  and  any  officer 
of  the  mint  who  shall  fraudulently  debase  the  fineness  or 
diminish  the  weight  of  any  of  the  gold  or  silver  coins  of 
(ho  United  States,  is  liable  to  heavy  fine  and  imprisonment. 

[Clause  7.]  "  To  establish  Post  Offices  and  post  Roads.** 

§256.  Posts  appear  to  have  been  established  for  the 
first  time  in  modern  Europe  in  1479,  by  Louis  XL  of 
jFrance.  They  were  originally  intended  to  serve  merely 
for  the  conveyance  of  public  despatches  and  of  persons 
travelling  by  authority  of  government.  Subsequently, 
however,  private  individuals  were  allowed  to  avail  them- 
selves of  them  for  forwarding  letters  and  despatches.  The 
post-office  was  not  established  in  England  till  the  seven- 
teenth century.  Postmasters  had,  indeed,  existed  in  more 
ancient  times,  but  their  business  was  confined  to  the  fur- 
nishing of  post-horses  to  persons  who  were  desirous  of  tra- 
velling expeditiously,  and  to  the  despatching  of  extraordi- 
nary packets  upon  special  occasions. 

§  257.  In  1635,  Charles  L  erected  a  letter-office  for 
England  and  Scotland ;  but  it  extended  only  to  a  few  of 
the  principal  roads,  and  did  not  succeed.  During  the  civil 
wars,  Edward  Prideaux,  attorney-general  for  the  common- 
wealth, instituted  a  post-office  for  the  weekly  conveyance 
of  letters  to  all  parts  of  the  kingdom.  In  1657,  the  post- 
office  was  established  nearly  on  its  present  footing. 

§  258.  The  regularity  and  precision  necessary  to  the 
satisfactory  workings  of  a  post-office  in  the  United  States, 
could  scarcely  be  obtained  otherwise  than  by  the  agency 
of  the  general  government,  for  the  mails  would  have  to  be 

11 


122  CONSTITUTIONAL  TEXT-BOOK. 

conveyed  through  the  variou'fe  States,  each  independent  of 
the  other,  and  each,  therefore,  having  the  power  to  inter- 
pose difficulties  leading  to  delay  and  obstruction. 

§  259.  The  authority  on  this  subject,  granted  to  Con- 
gress by  the  Articles  of  Confederation,  (Art.  9,)  did  not 
include  the  establishing  of  post-roads,  but  extended  only 
to  the  establishing  and  regulating  of  post-offices  from 
one  State  to  another,  (leaving  the  post-offices  within  a 
State  to  the  control  of  the  State,)  and  it  was  confined  to 
the  exacting  of  such  postage  as  might  be  requisite  to  defray 
expenses. 

§  260.  The  mails  are  carried  by  private  individuals,  in 
pursuance  of  contracts  made  with  them  by  the  Postmaster- 
General  in  behalf  of  the  government.  He  advertises  in 
certain  newspapers  that  he  will  receive  proposals,  and  who- 
ever proposes  to  carry  the  mail  for  the  least  sum,  upon 
giving  satisfactory  security,  receives  the  contract.  A 
report  of  all  such  contracts  is  made  annually  to  Congress. 

§  261.  The  post-office  establishment  of  the  United  States 
is  under  the  direction  of  the  Postmaster-General,  who  is 
authorized  by  act  of  Congress  to  establish  post-offices, 
appoint  certain  of  the  postmasters,  provide  for  the  car- 
riage of  the  mail  on  post-roads,  and  superintend  and  direct 
all  the  business  of  the  post-office  department.  He  and  all 
other  persons  employed  in  the  general  post-office,  and  in 
the  care,  custody,  and  conveyance  of  the  mail,  are  re 
quired,  previous  to  entering  upon  the  discharge  of  their 
duties,  to  take  and  subscribe  an  oath  or  affirmation  faith- 
fully to  perform  all  the  duties  required  of  them,  and  ab- 
stain from  every  thing  forbidden  by  the  laws  in  relation  to 
the  post-office  and  post-roads.  A  heavy  penalty  is  im- 
posed on  any  postmaster  who  shall  unlawfully  detain  in 
his  office  any  letter  or  paper,  or  give  a  preference  to  any 


THE   POWERS    VESTED    IN   CONGRESS.  123 

letter  or  paper  over  another  by  forwarding  the  one  and 
retaining  the  other. 

§  262.  By  an  act  of  Congress  of  June  22,  1854,  the 
Postmaster-General  may  allow  to  the  deputy  postmasters 
throughout  the  United  States  the  following  rates  of  com- 
missions, to  be  paid  to  them  on  the  amount  of  postages 
received  at  their  respective  offices  in  each  quarter  of  the 
year,  and  in  due  proportion  for  any  period  less  than  a 
quarter,  viz. :  on  a  sum  received  not  exceeding  $100,  sixty 
per  cent. ;  but  any  postmaster  at  whose  office  the  mail 
is  to  arrive  regularly  between  the  hours  of  nine  o'clock  at 
night  and  five  o'clock  in  the  morning,  may  be  allowed 
seventy  per  cent,  on  the  first  $100 ;  on  a  sum  over  $100, 
and  not  exceeding  $400,  fifty  per  cent. ;  over  $400,  and 
not  exceeding  $2400,  forty  per  cent. ;  over  $2400,  fifteen 
per  cent.  On  the  amount  of  postages  on  letters  or  packets 
received  at  a  distributing  office  for  distribution,  twelve  and 
a  half  per  cent. 

But  by  an  act  of  March  3,  1825,  all  allowances,  com- 
missions, and  emoluments  are  not  to  exceed  $2000  for  a 
year. 

§  263.  The  deputy  postmasters  for  post-offices  at  which 
the  commissions  amount  to  one  thousand  dollars  or  up- 
wards, are  appointed  by  the  President,  with  the  advice  and 
consent  of  the  Senate,  for  the  term  of  four  years,  unless 
sooner  removed  by  the  President.  Other  postmasters  are 
appointed  by  the  Postmaster-General. 

§  264.  Certain  officers  connected  with  the  government 
have  the  privilege  of  franking,  which  is  the  right  to  send 
and  receive  letters  or  packages  by  mail  without  paying 
postage  thereon.  This  privilege  is  possessed  by  the  Presi- 
dent, ex-presidents,  and  the  widows  of  deceased  ex-presi- 
dents; by  members  of  Congress  and  delegates  from  the 


124  CONSTITUTIONAL   TEXT-BOOK. 

territories,  and  by  the  Vice-President,  the  secretary  of  the 
Senate,  and  clerk  of  the  House  of  Representatives,  during 
their  official  terms. 

§  265.  The  heads  of  the  executive  departments  and  com- 
missioners of  the  different  offices  and  bureaus  are  also  au- 
thorized to  send  and  receive  free  all  letters  and  packages 
upon  official  business,  but  not  their  private  letters  or  papers. 
Deputy  postmasters  may  send  free  all  letters  and  packages 
relating  exclusively  to  the  business  of  their  offices ;  and 
those  whose  compensation  did  not  exceed  $200  for  the 
year  ending  June  30,  1846,  may  also  send  and  receive 
free  all  letters  on  their  own  private  business. 

§  266.  Acts  of  Congress,  except  in  a  few  cases,  prohibit 
the  conveyance  by  private  expresses,  of  letters  or  other 
mailable  matter  (except  newspapers,  magazines,  periodi- 
cals, or  pamphlets)  from  one  place  to  another  in  the 
United  States,  between  which  the  mail  is  regularly  trans- 
ported. 

§  267.  Congress  has,  in  some  instances,  exercised  its 
power  of  actually  making  post-roads,  but  it  has  generally 
selected  and  established  as  post-roads  those  roads  which 
are  already  in  use  throughout  the  country.  Waters  on 
which  steamboats  regularly  pass  from  port  to  port,  the 
navigable  canals  of  the  several  States,  and  all  railroads  in 
the  United  States,  are  also  declared  to  be  post-roads. 

[Clause  8.]  "  To  promote  the  progress  of  Science  and 
useful  Arts,  by  securing  for  limited  Times  to  Authors  and 
Inventors  the  exclusive  Right  to  their  respective  Writings 
and  Discoveries." 

§  268.  This  power  was  not  granted  to  Congress  by  the 
Articles  of  Confederation.  It  is  vested  in  Congress  by 
the  Constitution,  because  the  laws  enacted  by  that  body  will 


THE   POWERS   VESTED   IN    CONGRESS.  125 

operate  uniformly  throughout  the  whole  country ;  if  vested 
in  the  States,  they  might  establish  different  systems,  which, 
by  coming  into  conflict,  and  thus  occasioning  difficulties, 
would  defeat  the  result  intended  to  be  attained. 

§  269.  The  object  of  the  clause  is  to  promote  the  pro- 
gress of  science  and  useful  arts.  The  means  to  be  em- 
ployed, are  the  securing  for  limited  times  to  authors  and 
inventors,  the  exclusive  right  to  their  writings  and  disco- 
veries. A  similar  provision  exists  in  England  by  act  of 
Parliament,  and  extends  to  those  who  introduce  from 
abroad  new  inventions  and  discoveries  into  England,  pro- 
vided they  are  new  within  the  realm.  This  clause  of  the 
Constitution  is  not  applicable  to  those  who  introduce 
new  discoveries  into  the  United  States  from  abroad;  it 
protects  none  but  the  first  and  original  inventors  and 
discoverers. 

§  270.  Letters  patent  are  granted  by  the  United  States  to 
the  inventors  or  discoverers  of  any  new  and  useful  art,  ma- 
chine, manufacture,  or  composition  of  matter,  or  any  new 
and  useful  improvement  on  any  art,  machine,  manufacture, 
or  composition  of  matter,  not  known  or  used  by  others 
before  the  applicant's  discovery  or  invention  thereof,  and 
which  has  not  been  in  public  use,  or  on  sale,  with  the  con- 
sent or  allowance  of  the  applicant,  for  more  than  two  years 
prior  to  the  application  for  a  patent. 

§271.  There  is  attached  to  the  department  of  the  inte- 
rior, an  office  denominated  the  patent-office,  the  chief  officer 
of  which  is  called  the  commissioner  of  patents,  who  is  to 
receive  applications  for  patents,  and  to  superintend  or  per- 
form all  things  respecting  the  granting  and  issuing  of  pa- 
tents, according  to  the  various  acts  of  Congress.  There 
are  engaged  in  the  patent-office  a  number  of  clerks  called 
examiners,  whose  duty  it  is  to  investigate  the  originality 

11* 


126  CONSTITUTIONAL   TEXT-BOOK. 

and  novelty  of  every  invention  for  which  a  patent  is  so- 
licited. 

§  272.  The  patent  is  an  official  document  issued  from 
the  patent-office  in  the  name  of  the  United  States,  signed 
by  the  secretary  of  the  interior  and  by  the  commissioner 
of  patents,  and  sealed  with  the  seal  of  the  patent-office. 
It  contains  the  title  of  the  invention  or  discovery,  and 
grants  to  the  applicant  and  his  heirs  or  assigns,  for  the 
term  of  fourteen  years,  the  full  and  exclusive  right  and 
liberty  of  making,  using,  and  vending  to  others  to  be  used, 
the  invention  or  discovery  claimed. 

§  273.  There  is  annexed  to  the  patent  a  full  description 
of  the  invention  by  the  inventor,  called  the  specification, 
together  with  drawings  where  the  nature  of  the  case  ad- 
mits of  drawings.  The  specification  must  set  forth  a  par- 
ticular description  of  the  invention  or  discovery,  and  the 
manner  and  process  of  making  the  same,  in  such  full, 
clear,  and  exact  terms  as  to  enable  any  person  skilled 
in  the  art  or  science  to  which  it  relates,  to  make  and 
use  it. 

§  274.  The  applicant  must  fully  explain  in  his  specifica- 
tion the  principles  of  his  invention,  and  particularly  spe- 
cify and  point  out  the  part,  improvement,  or  combination 
claimed  by  him  as  new.  He  must  also  furnish  a  model, 
together  with  drawings  in  all  cases  which  admit  of  them, 
and  make  oath  that  he  verily  believes  he  is  the  original  and 
first  inventor  of  that  which  he  seeks  to  patent. 

§  275.  Upon  the  receipt  of  the  application,  specification, 
drawings,  and  model,  the  commissioner  causes  an  examina- 
tion of  +he  invention  or  discovery  to  be  made  by  one  of 
the  examiners  attached  to  the  patent-office,  and  if  upon 
such  examination  the  application  appears  to  be  well- 
founded,  he  issues  a  patent ;  if  not,  he  rejects  the  applica 


THE   POWERS    VESTED   IN    CONGRESS.  127 

tion.  The  cost  of  a  patent  to  a  citizen  of  the  United 
States  is  thirty  dollars.  Patentees  are  required  to 
Stamp  on  each  article  offered  for  sale,  the  date  of  the 
patent. 

§  276.  In  cases  where  the  invention  is  new  and  useful, 
and  is  valuable  and  important  to  the  public,  and  the  in- 
ventor has  not  been  adequately  remunerated,  notwithstand- 
ing he  has  used  diligence  in  introducing  his  invention  into 
use,  the  commissioner  of  patents  is  authorized,  at  the  expi- 
ration of  the  fourteen  years  for  which  the  patent  originally 
issued,  to  extend  it  for  an  additional  period  of  seven 
years. 

§  277.  The  authors  of  books,  maps,  charts,  and  musical 
compositions,  and  the  inventors  and  designers  of  prints, 
cuts,  and  engravings,  being  citizens  of  the  United  States  or 
residents  therein,  are  entitled  to  the  exclusive  right  of 
printing,  publishing,  and  selling  them,  for  the  term  of 
twenty-eight  years.  If  the  author  be  living,  and  a  citizen 
of  "the  United  States,  or  a  resident  therein,  at  the  end  of 
that  term,  or  if  he  shall  have  died  and  left  a  widow  or  chil- 
dren living,  he  or  they  are  entitled  to  a  renewal  of  the 
same  exclusive  right  for  the  further  period  of  fourteen 
years.     This  exclusive  privilege  is  termed  a  copyright. 

§278.  The  author  or  proprietor,  in  order  to  obtain  a 
copyright,  must,  before  publication,  deposit  a  printed 
copy  of  the  title  of  the  book,  map,  or  engraving,  etc.,  in  the 
office  of  the  clerk  of  the  district  court  of  the  United  States  in 
the  district  wherein  such  author  or  proprietor  shall  reside  ; 
and  then  within  three  months  after  publishing  the  book  or 
other  work,  he  must  deliver  a  copy  of  it  to  the  clerk  of 
the  court,  who  is  required  to  transmit  it  to  the  Secretary 
of  State,  to  be  preserved  in  his  office.  The  author  must 
also,  within    the   same   period,  deliver   one   copy  to   the 


128  C01!ISTITUTI0NAL   TEXT-BOOK. 

Smithsonian  Institute  at  Washington,  and  one  lo  the 
Library  of  Congress. 

§  279.  The  person  to  whom  the  copyright  is  granted  ia 
required  to  cause  to  be  inserted  in  every  copy  of  each 
edition  published,  during  the  duration  of  the  right,  on  the 
title-page,  or  the  page  immediately  following,  if  it  be  a 
book,  or  if  a  map,  chart,  musical  composition,  print,  cut, 
or  engraving,  on  the  face  thereof,  the  following  words,  viz. : 

"Entered  according  to  act  of  Congress  in  the  year , 

by ,  in  the  clerk's  office  of  the  district  court  of 

."     This  is  to  be  done  in  order  to  give  notice  of 

the  copyright,  so  that  persons  may  not  violate  it  from 
ignorance  of  its  existence. 

§  280.  An  author  has  a  right  over  his  unpublished  com- 
positions. By  an  act  of  Congress  it  is  provided  that  any 
person  who  shall  print  or  publish  any  manuscript  whatever 
without  the  consent  of  the  author  or  legal  proprietor  first 
obtained,  (if  such  author  or  proprietor  be  a  citizen  of  the 
United  States  or  resident  therein,)  shall  be  liable  to  suffer 
and  pay  to  the  author  or  proprietor  all  damages  occasioned 
by  such  injury;  and  such  publication  of  any  manuscript 
may  be  restrained  by  a  court  of  the  United  States. 

[Clause  9.]  "  To  constitute  Tribunals  inferior  to  the 
supreme  Court." 

§  281.  This  clause  will  be  considered  when  we  come  to  a 
subsequent  part  of  the  Constitution  which  treats  of  the 
judiciary. 

[Clause  10.]  "  To  define  and  punish  Piracies  and  Felo- 
nies committed  on  the  high  Seas,  and  Offences  against  the 
Law  of  Nations." 

§  282.  By  the  Articles  of  Confederation,  (Art.  9,)  C<m- 


TUE    POWERS    VESTED    IN    CONGRESS.  120 

gress  had  the  power  of  appointing  courts  for  the  trial  of 
piracies  and  felonies  committed  on  the  high  seas.  The 
Constitution  confers  upon  Congress  the  right  not  only  of 
punishing,  but  of  defining  such  piracies  and  felonies.  It 
also  gives  to  Congress  power  to  define  and  punish  offences 
against  the  law  of  nations. 

§  283.  Under  this  clause  Congress  has,  in  different  acts^ 
enumerated  various  offences  on  the  high  seas  which  shall 
be  treated  as  piracies  and  felonies.  Piracy,  by  the  law  of 
nations,  is  robbery  on  the  high  seas,  done  in  the  spirit  and 
intention  of  universal  hostility.  Fof  felony,  see  §  157.  The 
high  seas  include  the  unenclosed  waters  of  the  ocean  which 
are  outside  of  land,  and  also  the  waters  on  the  sea-coast 
which  are  beyond  the  boundaries  of  low-water  mark. 
Pirates  have  been  always  regarded  as  the  enemies  of  the 
human  race,  and  every  nation  has  a  right  to  attack  and 
kill  them  without  any  declaration  of  war. 

§  284.  Unless  the  acts  which  are  declared  to  be  piracy 
by  the  laws  of  the  United  States  amount  to  piracy  by  the 
law  of  nations,  they  are  piracy  only  when  committed  by  a 
citizen  of  the  United  States,  and  jurisdiction  over  such 
acts  belongs  exclusively  to  the  tribunals  of  the  United 
States.  A  robbery  committed  at  sea  on  board  of  a  foreign 
vessel  belonging  at  the  time  to  subjects  of  a  foreign  State, 
is  within  the  jurisdiction  of  such  foreign  State,  and  could 
not,  therefore,  be  treated  as  piracy  by  the  courts  of  the 
United  States,  under  our  acts  of  Congress,  though  it 
would  be  so  treated  if  committed  on  board  of  an  American 
vessel. 

§  285.  Among  the  various  offences  on  the  high  seas 
which  Congress  has  declared  shall  be  treated  as  piracies, 
are,  murder  or  robbery  on  the  high  seas,  or  in  any  river, 
haven,  or  bay,   out  of  the  jurisdiction  of  any  particular 


130  CONSTITUTIONAL   TEXT-BOOK. 

State,  or  any  offence  which,  if  committed  within  the  body 
of  a  county,  would,  by  the  laws  of  the  United  States,  be 
punishable  with  death. 

§  286.  It  has  further  been  enacted  that,  if  any  captain 
or  mariner  shall  piratically  run  away  with  a  vessel,  or  any 
goods  or  merchandise  of  the  value  of  fifty  dollars,  or  shall 
yield  up  the  vessel  voluntarily  to  pirates ;  or  if  any  sea- 
man shall  by  force  endeavour  to  hinder  his  commander 
from  defending  the  ship  or  goods,  or  shall  make  revolt  in 
the  ship,  he  shall  be  deemed  a  pirate  and  a  felon. 

§  287.  By  another  act  it  is  provided  that,  if  any  person 
upon  the  high  seas,  or  in  any  bay  or  river  where  the  tide 
ebbs  and  flows,  commits  the  crime  of  robbery  in  and  upon 
any  vessel,  or  the  lading  thereof,  or  the  crew,  he  shall  be 
adjudged  a  pirate.  So  if  any  person  engaged  in  any  pi- 
ratical enterprise,  or  belonging  to  the  crew  of  any  piratical 
vessel,  shall  land  and  commit  robbery  on  shore,  he  shall 
also  be  adjudged  a  pirate.  The  slave-trade  has  likewise 
been  declared  piracy. 

§  288.  By  the  law  of  nations  is  to  be  understood,  in 
a  general  sense,  those  principles  of  justice  and  those  usages, 
which  define  the  rights  and  prescribe  the  duties  of  nations 
in  their  intercourse  with  each  other,  whether  in  peace  or 
war.  Violations  of  passports,  infringements  of  the  rights 
of  ambassadors,  disregard  of  treaties,  and  piracy,  may  be 
mentioned  as  illustrations  of  offences  against  the  law  of 
nations.  The  definition  and  punishment  of  such  offences 
is  vested  in  Congress,  because  that  body  represents  the 
whole  country  in  its  national  relations. 

[Clause  11.]  "To  declare  War,  grant  Letters  of  Marque 
and  Reprisal,  and  make  Rules  concerning  Captures  on 
Land  and  Water." 


THE   POWERS   VESTED   IN   CONGRESS.  131 

§  289.  In  England,  the  right  to  declare  war  and  con- 
clude treaties  of  peace,  is  a  prerogative  of  the  king. 
Here,  the  right  to  declare  war  is  vested  in  the  representa- 
tive department  of  the  government,  and  the  right  to  make 
treaties  is  granted  to  the  President,  by  and  with  the  advice 
of  the  Senate.  By  the  Articles  of  Confederation,  (Art.  9,) 
Congress,  with  the  assent  of  nine  States,  could  declare 
war. 

§  290.  By  "  letters  of  marque  and  reprisal"  are  meant 
commissions  granted  by  the  government  to  a  private  in- 
dividual, to  seize  and  take  the  property  of  a  foreign  State, 
or  of  its  citizens  or  subjects,  as  a  reparation  for  an  injury 
committed  by  such  State,  or  its  citizens  or  subjects,  for 
which  it  Las  refused  satisfaction.  Such  letters  are  often 
issued  to  save  a  resort  to  a  declaration  of  war.  Reprisal 
means  a  taking  in  return ;  marque  means  the  passing  of 
the  boundaries  of  a  country  for  the  purpose  of  such  taking. 

§  291.  The  right  to  make  rules  concerning  captures 
on  land  and  water,  is  intrusted  to  Congress,  because  it  is 
connected  with  the  right  to  declare  war,  and  is  incident  to 
the  control  of  the  army  and  navy. 

§  292.  Capture  is  the  taking  of  property  by  one  bellige- 
rent from  another.  In  general,  all  vessels  belonging  to 
the  enemy  may  be  captured,  whether  they  be  public  vessels 
of  war,  or  merchant  vessels  belonging  to  individuals.  The 
vessel  or  goods  captured  at  sea  are  called  a  prize ;  goods 
taken  from  a  public  enemy  on  land  are  called  booty. 

§  293.  The  general  practice  of  nations  is  to  distribute 
captured  property  among  the  captors,  as  a  reward  for 
their  bravery.  Where  a  prize  is  taken  at  sea,  it  must  be 
brought  into  some  port,  in  order  that  a  competent  court 
Day  inquire  into  the  facts.  It  is  necessary,  before  a  title 
;&n  vest  in  the  captors,  that  the  ship  should  be  judicially 


i32  CONSTITUTIONAL   TEXT-BOOK. 

condemned  as  prize,  by  a  prize  court  belonging  to  the 
country  of  the  captor. 

§  294.  By  the  articles  of  war  established  by  Congress, 
the  proceeds  of  all  ships  and  vessels,  and  the  goods  taken 
on  board  of  them,  which  shall  be  adjudged  good  prize, 
shall,  when  such  ships  or  vessels  are  of  equal  or  superior 
force  to  the  vessel  making  the  capture,  be  the  sole  property 
of  the  captors ;  and  when  of  inferior  force,  shall  be  divided 
equally  between  the  United  States,  and  the  officers  and 
men  making  the  capture. 

§  295.  In  the  United  States,  the  district  courts  of  the 
United  States,  having  admiralty  jurisdiction,  are  the  only 
courts  authorized  to  try  the  question  of  prize  or  no  prize. 
The  decree  of  a  prize  court  of  competent  jurisdiction  is 
binding,  not  only  upon  the  immediate  parties,  but  upon  all 
'thers,  because  all  who  have  an  interest  may  appear  and 
assert  their  rights. 

[Clause  12.]  "To  raise  and  suppart  Armies,  but  no 
Appropriation  of  Money  to  that  Use  shall  bo  for  a  longer 
Term  than  two  Years." 

§  296.  Under  the  Confederation,  Congress  did  not  pos- 
sess this  power ;  it  could  only  make  requisitions  upon  each 
State  for  its  quota,  or  share,  in  proportion  to  the  number 
of  its  white  inhabitants.  The  legislature  of  each  State 
appointed  the  regimental  officers,  raised  the  men,  clothed, 
armed,  and  equipped  them  at  the  expense  of  the  United 
States.  (Art.  9,  sec.  5.)  This  system  was  found  to  be 
wholly  insufficient.  The  States  were  tardy  in  furnishing 
their  supplies  of  men,  which  led  to  numerous  difficulties  in 
carrying  on  the  Revolutionary  war. 

§  297.  The  Constitution,  on  the  contrary,  grants  to  Con^ 
gross  the  right  to  raise  armies  directly  from  among  the 


THE    POWERS   VESTED   IN   CONGRESS.  133 

people  of  the  States,  without  any  requisition  upon  the 
States  themselves,  and  without  any  restriction  upon  the 
size  of  the  armies.  As  large  standing  armies  are  danger- 
ous to  a  nation  in  time  of  peace,  and  as  they  cannot  be 
maintaipou  without  appropriations  of  money  for  their  sup- 
per cj  it  is  provided  that  no  appropriation  of  money  to  the 
supp^ort  of  the  military,  shall  be  for  a  longer  period  than 
two  irears,  though  Congress  may  disband  the  army  within 
that  period,  or  vote  supplies  for  even  a  less  term.  In 
England  it  is  the  usage  of  Parliament  to  vote  the  supplies 
annually,  and  such  has  been  the  practice  of  Congress  under 
the  Constitution. 

§  298.  All  enlistments  in  the  army  are  voluntary,  and 
they  are  required  to  be  for  the  term  of  five  years.  The 
President  has  discretionary  authority  to  discharge  before 
the  term  of  service  has  expired,  but  he  has  no  power  to 
vary  the  contract  of  enlistment,  because  that  is  fixed  by 
act  of  Congress. 

§  299.  The  oflficers,  non-commissioned  officers,  musicians 
and  privates  in  the  army,  are  required  to  swear  or  affirm 
"  that  they  will  bear  true  faith  and  allegiance  to  the 
United  States  of  America,  and  that  they  will  serve  them 
honestly  and  faithfully  against  their  enemies  or  opposers 
whomsoever,  and  that  they  will  obey  the  orders  of  the 
President  of  the  United  States,  and  the  orders  of  the 
officers  appointed  over  them,  according  to  the  rules  and 
articles  of  war." 

[Clause  13.]  "  To  provide  and  maintain  a  Navy." 

§  300.  A  navy  is  necessary  to  protect  our  commerce, 
navigation,  and  fisheries. 

In  consequence  of  repeated  hostilities  upon  our  com> 
merce  in  tjie  Mediterranean  by  the  Barbary  powers,  com- 

12 


134  CONSTITUTIONAL   TEXT-BOOK. 

mencing  in  1784,  the  House  of  Representatives,  in 
1794,  resolved  "that  a  naval  force,  adequate  to  the  pro- 
tection of  the  commerce  of  the  United  States  aorainst 
the  Algerine  corsairs  ought  to  be  provided."  This  was 
the  origin  of  our  navj.  In  1797,  three  frigates,  built  in 
pursuance  of  the  above  resolution,  were  completed,  and 
were  named  the  Constitution,  the  United  States,  and  the 
Constellation.  They  were  the  first  three  vessels  com- 
missioned for  our  service,  and  constituted  the  -whole  of  our 
naval  force. 

§  301.  By  an  act  of  Congress  passed  July  16,  1798, 
and  the  several  additions  it  has  received,  navy  hospitals 
have  been  established  for  the  relief  of  sick  and  disabled 
seamen.  It  is  made  the  duty  of  the  master  or  owner  of 
every  ship  or  vessel  of  the  United  States  arriving  from  a 
foreign  port,  before  the  ship  or  vessel  shall  be  admitted  to 
an  entry,  to  render  to  the  collector  of  the  port  where  such 
vessel  enters,  a  true  account  of  the  number  of  seamen  em- 
ployed on  board  the  vessel  since  she  was  last  entered  at 
any  port  in  the  United  States,  and  to  pay  to  the  collec- 
tor, at  the  rate  of  twenty  cents  a  month,  (called  hos- 
pital money,)  for  every  seaman  so  employed,  which  sum 
he  is  authorized  to  retain  out  of  the  wages  of  the  sea- 
men. 

§  302.  Masters  of  vessels  enrolled  or  licensed  for  carry- 
ing on  the  coasting  trade,  are  subject  to  similar  provisions ; 
and  the  same  deduction,  for  the  same  purposes,  is  made 
from  the  pay  of  the  officers,  seamen,  and  marines  of  the 
navy  of  the  United  States. 

§  303.  Out  of  the  fund  so  collected,  together  with  addi- 
tional appropriations  by  Congress,  hospitals,  or  other  ac- 
commodations, have  been  established,  with  provision  for 
the  lodging,  support,  and  comfort  of  sick  and  disabled  sea- 


THE   POWERS   VESTED   IN   CONGRESS.  135 

men,  or  arrangements  are  made  for  that  purpose  with 
institutions  already  existing.  In  smaller  ports,  where 
there  are  no  hospitals,  the  collectors  of  the  port  provide 
for  invalid  seamen,  according  to  instructions  from  the 
Treasury  department;  one  permanent  naval  asylum  for 
disabled  and  decrepid  navy  officers,  seamen,  and  marines, 
has  also  been  established  at  Philadelphia. 

§  304.  By  an  act  of  August  31,  1852,  Congress  author- 
ized the  secretary  of  the  interior,  under  the  direction  of 
the  President,  to  erect  in  the  neighbourhood  of  Washing- 
ton, an  asylum  for  the  insane  of  the  army  and  navy  of  the 
United  States,  and  of  the  District  of  Columbia. 

§  305.  Besides  the  ordinary  pay,  clothing,  and  rations 
prescribed  by  law  for  military  and  naval  services,  the 
general  government  has  also  rewarded  seamen  and  soldiers 
by  annual  payments  of  a  sum  of  money,  termed  pensions, 
and  also  by  grants  of  land.  These  rewards  are  of  different 
kinds,  depending  upon  numerous  acts  of  Congress,  but  they 
have  been  arranged  under  three  general  heads,  as  follows : 

§306.  (1.)  Invalid  pensions:  that  is,  pensions  to  such 
as  have  been  disabled  in  the  discharge  of  their  duty,  whe- 
ther in  the  army  or  the  navy. 

§  307.  (2.)  Gratuitous  pensions :  which  include  those 
granted  to  all  the  surviving  officers  and  soldiers  of  the 
Revolutionary  war ;  those  granted  by  special  acts  of  Con- 
gress to  individuals  for  distinguished  services ;  and  the  pen- 
sions granted  to  the  widows  and  orphans  of  invalids  and  of 
persons  slain  in  battle,  or  who  have  died  of  disabilities 
incurred  in  the  army  or  navy. 

§  308.  (3.)  Bounty  lands :  by  which  is  meant  grants  of 
a  certain  number  of  acres  of  the  public  lands  /'according 
to  rank,  length  of  service,  &c.)  to  the  soldiers  engaged  in 
the  war  with  Mexico,  in  the  late  war  with  Great  Britain, 


136  CONSTITUTIONAL  TEXT-BOOK. 

for  services  in  the  various  Indian  wars  from  the  year  1790, 
and  in  the  Revolutionary  war. 

[Clause  14.]  "  To  make  Rules  for  the  Government  and 
Regulation  of  the  Land  and  naval  Forces." 

§  309.  This  power  naturally  flows  from  the  authority  to 
raise  armies  and  to  maintain  a  navy,  and  is  necessary  in 
order  to  carry  that  authority  into  full  effect,  and  to  secure 
regularity  and  obedience  in  that  branch  of  the  public  ser- 
vice. Accordingly  numerous  articles  and  rules  have  been 
established  from  time  to  time  by  Congress,  and  by  the 
secretary  of  war,  and  the  secretary  of  the  navy,  under  the 
direction  of  the  President,  for  the  government  of  the  army 
and  navy  in  all  their  details. 

[Clause  15.]  "  To  provide  for  calling  forth  the  Militia 
to  execute  the  Laws  of  the  Union,  suppress  Insurrections 
and  repel  Invasions." 

§  310.  In  the  Articles  of  Confederation  there  was  no 
provision  similar  to  the  above,  which  was  one  of  the  causes 
of  the  weakness  of  the  Confederacy,  inasmuch  as  it  could 
not  protect  each  State  from  internal  violence  and  rebellion. 
This  power  is  necessary  in  order  to  secure  the  common  de- 
fence. It  gives  to  Congress  the  right  to  call  forth  the 
militia  of  the  States  to  execute  the  laws  of  the  Union, 
suppress  insurrection,  and  repel  invasion.  By  militia  is 
meant  the  military  forces  organised  and  supported  by 
the  respective  States.  Congress,  by  an  act  passed  in 
1795,  authorized  the  President  to  call  forth  the  militia  of 
the  States  in  cases  of  invasion,  or  danger  of  invasion,  from 
any  foreign  nation,  or  from  Indian  tribes. 

§  311.  The  President,  under  the  authority  granted  by 
the  act  above  mentioned,  is  the  judge  whether  it  is  neces- 


THE   POWERS   VESTED   IN   CONGRESS.  137 

earj  in  any  case  to  call  forth  the  militia.  He  may  either 
require  the  governor  of  a  State  to  call  forth  the  militia  of 
the  State,  or  he  may  himself  send  his  orders  directly  to 
the  officers  of  the  militia.  The  army  and  navy  of  the 
United  States  are  under  the  control  of  the  President,  as 
commander-in-chief,  hut  the  authority  to  call  forth  the 
militia  is  vested  in  Congress  by  the  Constitution,  and  the 
President  cannot  call  them  forth  except  by  authority  of  an 
act  of  Congress,  such,  for  instance,  as  that  above  men- 
tioned. 

§  312.  By  a  subsequent  act,  in  a]l  cases  where  it  is  law- 
ful for  the  President  to  call  forth  the  militia  to  suppress 
insurrection  or  enforce  the  laws,  either  of  the  United 
States  or  of  an  individual  State,  he  is  authorized  to  em- 
ploy for  the  same  purposes,  such  part  of  the  land  or 
naval  force  of  the  United  States  as  shall  be  judged  neces- 
sary. 

[Clause  16.]  "  To  provide  for  organizing,  arming,  and 
disciplining,  the  Militia,  and  for  governing  such  Part  of 
them  as  may  be  employed  in  the  Service  of  the  United 
States,  reserving  to  the  States  respectively,  the  Appoint- 
ment of  the  Officers,  and  the  Authority  of  training  the 
Militia  according  to  the  Discipline  prescribed  by  Con- 
gress." 

§  313.  This  power  is  necessary  in  order  to  secure  uni- 
formity in  the  organization  and  discipline  of  the  militia. 
It  is  vested  in  Congress  because  one  State  could  not  con- 
trol the  militia  of  another  State.  The  States  appoint  all 
the  officers,  but  the  militia  are  trained  according  to  the 
regulation  and  discipline  prescribed  by  act  of  Congress. 
In  1820   Congress  enacted  that  the  system   of  discipline 

12* 


138  CONSTITUTIOXAL   TEXT-BOOK. 

and  field  exercise  observed  by  the  regular  army  should  bo 
also  observed  by  the  militia..  The  States  train  and  disci- 
pline the  militia  when  they  are  not  in  the  actual  service 
of  the  United  States. 

[Clause  17.]  "  To  exercise  exclusive  Legislation  in  all 
Cases  whatsoever,  over  such  District  (not  exceeding  ten 
Miles  square)  as  may,  by  Cession  of  particular  States,  and 
the  Acceptance  of  Congress,  become  the  Seat  of  the  Go- 
vernment of  the  United  States,  and  to  exercise  like  Au- 
thority over  all  Places  purchased  by  the  Consent  of  the 
Legislature  of  the  State  in  which  the  Same  shall  be,  for 
the  Erection  of  Forts,  Magazines,  Arsenals,  Dock- Yards, 
and  other  needful  Buildings." 

§  314.  The  principal  object  of  the  first  part  of  this 
clause  was  to  provide  a  permanent  and  secure  location  for 
the  seat  of  government,  which  should  not  be  within  the 
bounds  of  a  particular  State,  the  inhabitants  of  which 
might  insult  or  terrify  Congress,  or  interrupt  its  proceed- 
ings, or  even  prevent  its  assembling,  while  Congress  at 
the  same  time  would  be  without  the  ready  means  of  pro- 
tecting itself,  or  be  dependent  upon  the  favour  of  a  State 
for  such  means. 

§  315.  In  the  year  1800,  the  seat  of  the  national  go- 
vernment was  removed  to  the  city  of  Washington,  in  the 
District  of  Columbia,  a  tract  ten  miles  square,  which  had 
been  ceded  to  the  United  States  by  the  States  of  Mary- 
land and  Virginia.  The  portion  derived  from  Virginia 
was,  in  1846,  ceded  back  to  that  State,  and  the  District  is 
now  confined  to  the  Maryland  side  of  the  Potomac  river. 

§  316.  The  seat  of  government  had  previously  been 
established  at  the  following  places  :  at  Philadelphia,  (Pa.,) 


THE   POWERS   VESTED   IN   CONGRESS.  139 

commencing  September  5,  1774,  and  May  10,  1775;  at 
Baltimore,  December  20, 1776  ;  at  Philadelphia,  March  4, 
1777 ;  at  Lancaster,  (Pa.)  September  27,  1777 ;  at  York, 
(Pa.)  September  30,  1777;  at  Philadelphia,  July  2,  1778; 
at  Princeton,  (N.  J.)  June  30,  1783 ;  at  Annapolis,  No- 
vember 26, 1783;  at  Trenton,  November  1,  1784;  at  New 
York  city,  January  11,  1785. 

§  317.  The  inhabitants  of  the  District  of  Columbia  are 
not  regarded  as  citizens  of  any  State,  and  cannot,  there- 
fore, send  representatives  to  Congress,  or  vote  for  Presi- 
dent or  Vice-President.  They  are^  liable,  however,  to  bo 
taxed  by  Congress,  because  the  power  "  to  lay  and  collect 
taxes"  is  a  general  one,  without  limitation  of  place ;  and 
their  local  afifairs  are  regulated  by  Congress.  The  cities 
of  Washington  and  Georgetown  govern  themselves  in  pur- 
suance of  charters  granted  by  Congress. 

§  318.  Congress  cannot  take  property  within  a  State  for 
the  erection  of  forts,  magazines,  arsenals,  and  other  pub- 
lic buildings,  without  first  purchasing  it ;  nor  can  such  pro- 
perty be  purchased  from  a  citizen  of  a  State  without  the 
consent  of  the  legislature  of  the  State  within  which  it  is 
situated. 

§  319.  The  jurisdiction  of  Congress  over  places  pur- 
chased by  the  general  government,  with  the  consent  of  a 
State,  is  exclusive.  The  State  cannot  punish  for  offences 
committed  there;  nor  can  its  officers,  within  those  places, 
execute  writs  or  legal  processes,  either  civil  or  criminal, 
unless  the  right  to  do  so  is  reserved  by  the  State.  Such 
offences  are  to  be  tried  and  punished  by  the  courts  and 
officers  of  the  United  States. 

§  320.  But  if  the  place  has  not  been  ceded  by  a  State, 
or  purchased  by  the  United  States  with  the  consent  of  the 
legislature  of  the  State  in  which  it  is  situate,  the  juris- 


140  CONSTITUTIONAL   TEXT-BOOK. 

diction  of  the  State  is  not  excluded,  but  remains  in  full 
force,  subject,  however,  to  the  rightful  exercise  of  the 
powers  of  the  national  government. 

[Clause  18.]  "  To  make  all  Laws  which  shall  be  neces- 
sary and  proper  for  carrying  into  Execution  the  foregoing 
Powers,  and  all  other  Powers  vested  by  this* Constitution 
in  the  Government  of  the  United  States,  or  in  any  De- 
partment or  Officer  thereof." 

§  321.  This  clause  does  not  in  terms  grant  any  new 
power,  or  enlarge  or  diminish  any  of  the  powers  elsewhere 
granted.  It  simply  authorizes  Congress  to  make  use  of 
such  particular  means  as  may  be  necessary  or  proper,  in 
order  to  execute  the  general  powers  conferred  by  the 
Constitution  upon  the  federal  government  or  any  depart- 
ment or  officer  thereof. 

§  322.  By  the  Articles  of  Confederation,  (Art.  2,)  each 
State  retained  every  power  and  right  not  expressly  dele- 
gated to  the  United  States.  The  Constitution,  however, 
has  not  only  conferred  upon  Congress  certain  express 
powers,  but  has  also  conferred  such  other  incidental  powers 
(without  actually  naming  them)  as  may  be  necessary  or 
proper  for  carrying  into  execution  the  powers  expressly 
granted. 


KESTRICTIONS   UPON   CONGRESS.  141 


CHAPTER  IX. 

RESTRICTIONS   UPON   CONGRESS. 

Section  9. 

This  section  enumerates  certain  restrictions  upon  the 
powers  of  Congress. 

[Clause  1.]  "  The  Migration  or  Importation  of  such 
Persons  as  any  of  the  States  now  existing  shall  think  pro- 
per to  admit,  shall  not  be  prohibited  by  the  Congress  prior 
to  the  Year  one  thousand  eight  hundred  and  eight,  but  a 
Tax  or  Duty  may  be  imposed  on  such  Importation,  not 
exceeding  ten  dollars  for  each  Person." 

§  323.  One  of  the  main  objects  of  this  clause  was  to 
enable  Congress  to  put  an  end  to  the  introduction  of  slaves 
into  the  United  States  from  abroad,  after  the  year  1808, 
and  to  restrain  their  importation  until  then,  by  a  tax  not 
exceeding  ten  dollars  for  each  person  ;  but  the  clause  in- 
cludes within  its  language  the  migration  of  other  persons 
as  well  as  the  importation  of  slaves. 

§  324.  On  the  1st  of  January,  1808,  an  act  of  Congress 
went  into  effect,  which  imposed  heavy  penalties  upon  per- 
sons engaged  in  the  slave-trade ;  and  in  1820  another  act 
declared  the  slave  trade  to  be  piracy,  and  punishable  with 
death. 

§  325.  The  restriction  in  this  clause  is  applicable  only 


14^  CONSTITUTIONAL   TEXT-BOOK. 

to  the  migration  or  importation  of  the  slaves  or  other  per- 
sons. It,  therefore,  left  Congress  at  liberty  to  legislate 
on  the  subject  of  the  slave-trade  when  prosecuted  out  of 
the  limits  of  the  United  States  by  citizens  of  the  United 
States.  In  the  exercise  of  this  power,  Congress,  by  an 
act  passed  March  22,  1794,  'forbade  citizens  and  other 
persons  from  fitting  out  any  vessel  in  any  place  within  the 
United  States,  for  the  purpose  of  carrying  on  any  traffic 
in  slaves  to  any  foreign  country. 

§  326.  Many  other  acts  have  been  passed  on  the  subject, 
the  object  of  which  is  the  entire  suppression  of  the  slave- 
trade  by  American  citizens,  and  by  any  and  all  others  in 
American  vessels. 

[Clause  2.]  "  The  Privilege  of  the  Writ  of  Habeas 
Corpus  shall  not  be  suspended,  unless  when  in  Cases  of 
Rebellion  or  Invasion  the  public  Safety  may  require  it." 

§  327.  Writ  is  a  'legal  term,  and  means  in  general  a 
command  in  writing,  under  seal,  in  the  name  of  a  king, 
judge,  or  other  magistrate,  directed  to  a  public  officer  or 
private  individual,  requiring  him  to  do  something  in  rela- 
tion to  a  suit  or  other  legal  proceeding. 

§  328.  The  writ  of  habeas  corpus  mentioned  in  the 
above  clause  is  a  writ  directed  to  a  person  charged  with 
detaining  another  unlawfully  in  his  custody,  commanding 
him  to  produce  the  body  of  the  prisoner,  and  to  declare 
the  reason  of  his  detention.  It  is  "  a  great  and  efficacious 
writ,"  intended  to  secure  personal  liberty,  and  provide  a 
means  of  redress  for  all  manner  of  illegal  imprisonment 
and  unlawful  restraint  of  the  person. 

§  329.  The  courts  of  the  United  States  issue  this  writ 
in  cases  falling  within  their  jurisdiction,  upon  the  written 
application  of  any  person  who  alleges  that  he  is  deprived 


RESTRICTIONS   UPON   CONGRESS.  14.S 

of  his  liberty  contrary  to  law,  or  upon  the  application  of 
Others  in  behalf  of  such  person.  The  writ  is  directed  to 
him  who  has  the  prisoner  in  custody,  commanding  hi?n  to 
produce  the  body  of  the  prisoner,  together  with  the  cause 
of  his  detention,  before  the  judge  by  whose  allowance  the 
writ  is  issued. 

§  330.  The  prisoner  must  be  produced,  in  obedience  to  the 
writ,  and  then  the  judge  examines  the  whole  matter,  and  if 
the  imprisonment  is  illegal,  he  discharges  the  party  from 
custody ;  if  legal,  he  remands  him  again  into  custody. 

§  331.  This  clause  provides  for  the  suspension  of  the 
writ  of  habeas  corpus  only  in  cases  of  rebellion  or  inva- 
sion, when  the  public  safety  requires  it ;  but  Congress  has 
never  suspended  the  writ  since  the  Constitution  went  into 
operation. 

[Clause  3.]  "  No  Bill  of  Attainder  or  ex  post  facto  Law 
shall  be  passed." 

§  332.  Bills  of  attainder  are  acts  of  a  legislature  which 
inflict  the  punishment  of  death  upon  persons  supposed  to 
be  guilty  of  great  offences,  without  a  trial  had  before  a 
judicial  tribunal  according  to  law.  Such  bills  have  fre- 
quently been  passed  by  the  British  Parliament  in  former 
times,  during  seasons  of  violent  political  excitement,  by 
which  the  accused  have  unjustly  been  deprived  of  life, 
without  a  trial,  and  upon  insufficient  or  illegal  evidence, 
and  even  without  an  opportunity  to  answer  the  charge. 

§  333.  Ex  post  facto  laws  are  such  as  are  passed  after 
the  act  to  which  they  refer  has  been  committed.  This 
clause  has  been  considered  as  applying  only  to  criminal 
acts,  or  to  laws  for  penalties  and  punishments.  Laws 
which  make  an  act  a  crime,  and  punishable  as  such,  which 
was  not  a  crime  when  done,  or  which  render  an  act  pu- 


144  CONSTITUTIONAL   TEXT-BOOK. 

nishable  in  a  more  aggravated  manner  than  that  in  which  it 
was  punishable  when  done,  or  which  make  the  crime 
greater  than  it  was  when  committed,  or  require  different 
or  less  testimony  to  convict  for  the  offence  than  was  re- 
quired when  the  act  was  done,  are  instances  of  ex  post 
facto  laws.  Such  laws  are  prohibited,  because  they  are 
clearly  unjust  and  arbitrary. 

[Clause  4.]  "  No  Capitation,  or  other  direct.  Tax  shall 
be  laid,  unless  in  Proportion  to  the  Census  or  enumeration 
herein  before  directed  to  be  taken." 

§  334.  We  have  already  considered  the  nature  of  capi- 
tation and  other  direct  taxes,  and  the  rule  of  apportion- 
ment according  to  the  census,  by  which  they  are  to  be 
imposed.     See  §  78  and  §  190. 

[Clause  5.]  "  No  Tax  or  Duty  shall  be  laid  on  Articles 
oxported  from  any  State." 

§  335.  The  articles  exported  from  the  different  States 
are  so  various  in  their  nature,  that  if  a  tax  were  imposed 
on  any  single  article  of  export,  the  burden  would  fall 
almost  altogether  upon  the  particular  State  or  States  ex- 
porting that  article,  and  the  States  exporting  other  articles 
would  be  comparatively  untaxed.  It  is  to  prevent  such  an 
unequal  distribution  of  taxes  or  duties,  that  Congress  is 
prohibited  from  laying  them  on  articles  exported  from  any 
State. 

[Clause  6.]  "  No  Preference  shall  be  given  by  any  Re- 
gulation of  Commerce  or  Revenue  to  the  Ports  of  one 
Stato  over  those  of  another :  nor  shall  Vessels  bound  to, 
or  from,  one  State,  be  obliged  to  enter,  clear,  or  jray 
Duties  in  another." 


RESTRICTIONS   UPON   CONGRESS.  145 

§  336.  The  declaration  that  no  preference  shaL  be  given 
bj  any  regulation  of  commerce  or  revenue,  to  the  ports  of 
one  State  over  those  of  another,  is  intended  to  secure  fair- 
ness and  equality,  in  this  respect,  to  all  the  States,  so  that 
one  shall  not  enjoy  any  privileges  above  another. 

§  337.  If  vessels  bound  to,  or  from  one  State,  could  bo 
compelled  to  enter,  clear,  or  pay  duties  in  another,  it  is 
easy  to  see  that  a  single  State  would  have  an  opportunity 
of  imposing  o"bstacles  and  restrictions  upon  the  general 
commerce  of  the  States,  which  would  be  of  the  most  vexa- 
tious and  ruinous  character.  Sucji  an  unjust  proceeding 
is  prevented  by  the  prohibition  in  this  clause. 

[Clause  7.]  "No  Money  shall  be  drawn  from  the  Trea- 
sury, but  in  Consequence  of  Appropriations  made  by  Law ; 
and  a  regular  Statement  and  Account  of  the  Receipts  and 
Expenditures  of  all  public  Money  shall  be  published  from 
time  to  time. 

§  338.  This  clause  prevents^  any  money  from  being 
drawn  from  the  Treasury  of  the  United  States,  by  any 
person,  even  the  President  of  the  United  States,  without 
an  appropriation  made  by  Congress.  The  money  in  the 
Treasury  belongs  to  the  whole  people,  and  it  is  therefore 
proper  that  it  should  not  be  expended  except  by  a  vote  of 
the  representatives  of  the  people.  The  accounts  of  the 
Treasury,  showing  all  the  receipts  and  expenditures  of  the 
government,  are  kept  under  the  direction  of  the  Secretary 
of  the  Treasury,  who  makes  a  full  annual  report  thereof  to 
the  President,  which  he  transmits  to  Congress  along  with 
his  annual  message. 

§  339.  As  no  money  can  be  drawn  from  the  Treasury 
except  in  consequence  of  an  appropriation  made  by  law. 


146  CONSTITUTIONAL  TEXT-BOCR. 

neither  the  Secretary  of  the  Treasury  or  any  other  person 
is  authorized  to  draw  money  from  the  Treasury,  even  to 
pay  the  debts  of  the  United  States,  unless  authorized  by 
law  to  do  so. 

The  government  of  the  United  States  cannot  be  sued  by 
persons  who  have  claims  against  it.  Their  only  mode  of 
redress,  is  to  obtain  an  act  of  Congress  appropriating 
money  from  the  Treasury  to  pay  their  claims. 

[Clause  8.]  "No  Title  of  Nobility  shall  be  granted  by 
the  United  States :  And  no  Person  holding  any  Ofl5ce  of 
Profit  or  Trust  under  them,  shall,  without  the  Consent  of 
the  Congress,  accept  of  any  present.  Emolument,  Office,  or 
Title,  of  any  kind  whatever,  from  any  King,  Prince,  or 
foreign  State." 

§  340.  The  political  equality  of  all  the  citizens  is_  a  fun- 
damental principle  in  our  government.  Titles  of  nobility 
by  the  United  States  are  prohibited,  because  they  create 
ranks  and  lead  to  distinctions  in  society,  which  are  con- 
trary to  a  spirit  of  equality. 

§  341.  The  latter  part  of  the  clause  is  intended  to  pre- 
vent foreign  kings,  princes,  or  States,  from  obtaining  an 
influence  in  our  government,  and  tempting  our  officers 
from  their  fidelity,  by  means  of  presents,  emoluments, 
offices,  or  titles.  Such  gifts  cannot  be  received  by  a  per- 
son holding  an  office  of  profit  or  trust  under  the  United 
States,  without  the  consent  of  Congress.  The  prohibition 
does  not  extend  to  citizens  who  hold  offices  of  profit  or 
trust  under  a  State,  although  such  was  the  case  with  the 
corresponding  prohibition  in  the  Articles  of  Confederation, 
(art.  6,  sec.  1.) 

§  842.  Gifts  from  foreign  princes  are  sometimes  sent  to 


RESTRICTIONS    UPON   THE   STATES.  147 

the  President.  Although  this  clause  of  the  Constitution 
prohibits  him  from  appropriating  them  to  his  own  use,  it 
has  not  been  deemed  courteous  to  decline  them ;  and  they 
have  been  deposited  in  the  public  offices,  or  sold  by  order 
of  Congress.  Sometimes  other  presents  are  made,  by 
direction  of  Congress,  in  return. 


CHAPTER  X. 

RESTRICTIONS .  UPON   THE   STATES. 

Section  10. 

This  section  enumerates  certain  restrictions  upon  the 
powers  of  the  States. 

Section  10.  [Clause  1.]  "  No  State  shall  enter  into 
any  Treaty,  Alliance,  or  Confederation;  grant  Letters  of 
Marque  and  Reprisal ;  coin  Money ;  emit  Bills  of  Credit ; 
make  any  Thing  but  gold  and  silver  Coin  a  Tendef  in 
Payment  of  Debts ;  pass  any  Bill  of  Attainder,  ex  post 
facto  Law,  or  Law  impairing  the  Obligation  of  Contracts, 
or  grant  any  Title  of  Nobility. 

§343.  For  the  several  States  to  enter  into  treaties, 
alliances,  and  confederations,  would  interfere  with  those 
made  by  the  general  government,  because  the  States  might 
make  treaties  different  from,  or  contrary  to,  those  made 
by  the  general  government.  Besides,  if  foreign  powers 
could  form  alliances  with  a  State,  they  might  obtain  an 
influence  which  would  be  dangerous  in  time  of  peace,  and 
8till  more  so  in  war.     The  treaty-making  power  is  there- 


148  CON'STITUTIONAL  TEXT-BOOK. 

fore  taken  from  the  States,  and  by  a  subsequent  section 
of  the  Constitution  is  vested  in  the  President  and  Senate. 

§  344.  By  the  Articles  of  Confederation,  (art.  6,  sec.  5,) 
the  States  could  issue  letters  of  marque  and  reprisal 
against  countries  with  which  the  United  States  had  de- 
clared war.  Under  the  Constitution  the  power  to  issue 
letters  of  marque  and  reprisal  is  vested  solely  in  Congress 
in  all  cases.  If  the  States  could  exercise  it,  a  single  State 
might  involve  the  whole  country  in  war,  as  the  granting 
of  letters  of  marque  and  reprisal  is  a  hostile  measure  which 
genially  leads  to  a  war.  It  should,  therefore,  be  exer- 
cised only  by  the  national  legislature,  which  has  the  exclu- 
sive power  of  declaring  war.  (See  art.  I.,  sec.  8,  clause 
11.)     For  definition  of  letters  of  marque  see  §  290. 

§  345.  By  the  Articles  of  Confederation,  (art.  9,  sec.  5,) 
the  States  could  coin  money,  subject,  as  to  its  alloy  and 
value,  to  the  regulation  of  Congress.  The  Constitution 
(att.  I.,  sec.  8,  clause  5)  vests  in  Congress  the  power  to 
coin  money  for  reasons  already  mentioned,  (§  249.)  If  this 
power  were  shared  by  the  States,  it  would  conflict  with  its 
exercise  by  Congress ;  it  is,  therefore,  declared  by  this 
clause  that  no  State  shall  coin  money. 

§346.  By  "bills  of  credit"  is  meant  paper  or  bills  in- 
tended to  circulate  among  the  people,  and  to  be  paid  and 
received  as  money.  The  States  cannot  issue  such  bills. 
During  the  Revolutionary  war  bills  of  credit  were  issued 
by  Congress,  and  are  well  known  as  "continental  money." 
They  were  issued  to  the  amount  of  about  $350,000,000, 
and  gradually  depreciated  in  value  till  they  became  worth- 
less, occasioning  great  loss  throughout  the  country.  The 
object  of  this  provision  was  to  prevent  a  repetition  of  such 
evils,  by  restraining  the  States  from  creating  a  paper  cur- 
ren  ^.y.     The  prohibition  does  not  extend  to  bills  of  credit 


RESTRICTIONS    UPON   THE    STATES.  149 

issued  by  individuals,  either  singly  or  collectively,  so  long 
as  they  are  not  issued  upon  the  authority  of  a  State,  and 
upon  a  pledge  of  its  faith  and  credit. 

§  3  47.  The  states  are  also  prohibited  from  making  any 
thing  but  gDld  and  silver  coin  a  tender  in  payment  of  debts. 
No  State  can,  therefore,  compel  a  creditor  to  receive  pay- 
ment of  his  debt  in  bank  notes,  or  merchandise,  or  any 
thing  but  gold  and  silver  coin.  The  object  of  this  restric- 
tion, together  with  that  relating  to  bills  of  credit,  and  to 
the  coining  of  money,  was  to  provide  a  fixed  and  uniform 
currency  throughout  the  United  States. 

§  348.  We  have  seen  already  (§  332)  that  Congress  is 
prohibited  from  passing  bills  of  attainder  or  ex  post  facto 
laws ;  this  clause,  for  similar  reasons,  extends  the  same 
prohibition  to  the  several  States. 

§  349.  The  States  are  also  prohibited  from  passing  laws 
impairing  the  obligations  of  contracts.  This  is  a  very  im- 
portant provision,  and  has  occasioned  much  discussion.  A 
contract  is  an  agreement  to  do,  or  not  to  do,  a  particular 
thing.  By  the  obligation  of  a  contract  is  here  meant  that 
duty  of  performing  it  which  is  recognised  and  enforced  by 
the  laws.  If  the  law  is  so  changed  that  the  means  of 
legally  enforcing  this  duty  are  materially  impaired,  the 
obligation  of  the  contract  is  no  longer  the  same. 

§  350.  Laws  impairing  the  obligation  of  contracts  are, 
for  instance,  such  as  change  the  intention  of  the  parties  to 
the  contract ;  or  affect  its  validity,  construction,  duration, 
or  effect ;  or  deviate  from  its  terms  by  changing  the  time 
of  its  performance;  or  impose  new  conditions,  or  alter 
those  agreed  upon;  or  declare  the  contract  invalid,  or 
alter,  or  release  it. 

§  351.  A  change  merely  in  the  form  or  manner  of  the 
remedy  upon  the  contract,  or  in  the  legal  proceedings  by 


150  CONSTITUTIONAL   TEXT-BOOK. 

which  it  is  enforced,  provided  an  eiFectual  remedy  of  some 
sort  is  left  remaining,  is  not  considered  to  impair  the  obli- 
gation of  the  contract,  as  it  simply  gives  a  different  mode 
of  obtaining  redress.  But  to  take  away  all  modes  of  ob- 
taining redress,  would  impair  and  destroy  the  obligation 
of  the  contract. 

§  352.  A  law  discharging  the  person  of  a  bankrupt  or 
insolvent  debtor,  or  his  future  property,  from  liability  for 
his  debts,  is  a  law  impairing  the  obligation  of  contracts, 
and  therefore  void,  if  the  debt  was  contracted  before  the 
passage  of  the  law ;  but  it  would  be  otherwise  if  the  debt 
were  contracted  after  the  passage  of  the  law. 

§  353.  This  prohibition  embraces  all  contracts,  whether 
executed  or  to  be  executed;  whether  between  private 
individuals,  or  a  State  and  individuals,  or  between  corpo- 
rations, or  between  the  States  themselves. 

§  354.  Charters  of  incorporation  granted  to  private 
persons  by  a  State  Legislature,  have  been  regarded  as 
contracts  between  the  corporations  and  the  States,  and 
they  cannot,  therefore,  be  altered,  repealed,  or  impaired 
by  the  legislature,  without  the  consent  of  the  incorporated 
body,  unless  the  power  to  do  so  is  reserved  in  the  original 
act  of  incorporation.  For  instance,  the  legislature  of  New 
Hampshire  once  passed  an  act  changing  the  original  char- 
ter of  the  Dartmouth  College,  and  transferring  the  rights 
of  trustees  under  it,  to  other  trustees  appointed  by  the 
new  act ;  the  Supreme  Court  of  the  United  States,  however, 
decided  that  the  act  of  the  legislature  infringed  this  clause 
of  the  Constitution,  and  was  therefore  void.  But  the 
charters  for  public  corporations,  created  for  public  pur- 
poses only,  such  as  cities  and  boroughs,  may  be  repealed 
and  changed  by  the  legislature,  making  compensation  for 
any  private  rights  which  are  thereby  destroyed. 


RESTRICTIONS    UPON   THE   STATES.  151 

§  355.  Retrospective  or  retroactive  laws,  are  those  which 
operate  upon  controversies,  suits,  or  facts,  which  existed 
before  their  passage.  Tlie  Constitution  does  not  prohibit 
the  States  from  passing  such  laws,  though  thej  are  gene- 
rally unjust,  unless  they  amount  to  ex  post  facto  laws,  or 
impair  the  obligation  of  contracts. 

§  35G.  We  have  seen  that  the  United  States  cannot 
grant  any  title  of  nobility,  (§  340.)  The  clause  we  are  now 
considering  extends  the  same  prohibition  to  the  several 
States.  Titles  of  nobility  create  distinctions  of  ranks 
and  an  aristocracy,  which  are  contrary  in  their  nature  to 
that  political  equality  of  all  the  citizens,  which  our  free 
institutions  are  designed  to  establish. 

[Clause  2.]  "  No  State  shall,  without  the  consent  of 
the  Congress,  lay  any  Imposts  or  Duties  on  Imports  or 
Exports,  except  what  may  be  absolutely  necessary  for  exe- 
cuting its  inspection  Laws  :  and  the  net  Produce  of  all 
Duties  and  Imposts,  laid  by  any  State  on  Imports  or  Ex- 
ports, shall  be  for  the  Use  of  the  Treasury  of  the  United 
States  ;  and  all  such  Laws  shall  be  subject  to  the  Revision 
and  Controul  of  the  Congress." 

§  357.  The  right  to  lay  and  collect  taxes,  duties,  im- 
posts, and  excises  has  been  conferred  upon  Congress,  (Art. 
I.  sec.  8,  clause  1 ;)  and  it  has  been  declared  that  all  duties, 
imposts,  and  excises  shall  be  uniform  throughout  the 
United  States.  This  uniformity  could  scarcely  be  main- 
tained, if  each  of  the  States  was  at  liberty,  irrespective  of 
Congress,  to  impose  such  duties  on  imports  or  exports  as 
it  thought  proper. 

§  358.  It  is,  therefore,  provided  that  no  State  shall, 
without  the  consent  of  Congress,  lay  any  imposts  or  duties 


152  CONSTITUTIONAL   TEXT-BOOK. 

on  imports  or  exports,  except  what  may  be  absolutely  neces- 
sary for  executing  its  inspection  laws ;  and  the  net  produce  of 
all  duties  and  imposts  laid  by  any  State  on  imports  or  exports, 
shall  be  for  the  use  of  the  Treasury  of  the  United  States, 
and  all  such  laws  shall  be  subject  to  the  revision  and 
control  of  Congress. 

§  359.  This  clause,  nevertheless,  leaves  to  the  States 
the  right  to  enact  and  enforce  inspection  laws.  By  in- 
spection laws  are  meant  laws  requiring  certain  articles  of 
commerce  to  be  examined,  and  their  quality,  soundness, 
or  healthfulness  to  be  ascertained  by  officers  called  in- 
spectors. The  object  of  these  laws  is  not  to  raise  a  reve- 
nue, but  to  protect  the  public  from  fraud  and  imposition, 
and  to  ascertain  the  character  of  the  merchandise,  so 
that  it  shall  be  suitable  for  exportation  abroad  or  for 
domestic  use. 

§  360.  The  legislature  of  Maryland,  in  1821,  passed  an 
act  requiring  every  importer  of  goods  by  wholesale,  bale, 
or  package,  and  every  person  selling  the  same  by  whole- 
sale, bale,  or  package,  to  take  out  a  license  and  pay  for 
it,  with  certain  penalties  in  case  of  refusal.  The  Supreme 
Court  of  the  United  States  decided  that  the  act  was  a 
violation  of  the  clause  we  are  now  considering,  and  there- 
fore unconstitutional  and  void. 

§  361.  To  tax  the  importer,  or  to  tax  the  goods  in  the 
hands  of  the  importer,  was  considered  by  the  court  to  be 
in  effect  a  tax  on  imports.  If  a  tax  could  be  levied  in 
that  form  by  a  State,  it  might  be  levied  to  such  a  burden- 
some extent  as  to  restrain  importation,  and  thus  diminish 
the  revenue  of  the  general  government  from  imports,  so 
far  as  it  was  drawn  from  importations  into  that  particular 
State. 

§  362.    But  when  the  importer  has  so  acted  upon  the. 


RESTRICTIONS    UPON   THE    STATES.  153 

goods  imported,  that  they  have  become  incorporated  and 
mixed  up  with  the  mass  of  property  in  the  country,  they 
then  lose  their  distinctive  character  as  imports,  and  are 
subject  to  be  taxed  by  a  State.  While,  however,  they  re- 
remain  the  property  of  the  importer,  in  his  warehouse,  in 
the  original  form  or  packages  in  which  they  were  imported, 
a  tax  upon  them  is  a  duty  on  imports,  and,  as  such,  is 
prohibited  by  this  clause. 

[Clause  3.]  "No  State  shall,  without  the  Consent  af 
Congress,  lay  any  Duty  of  Tonnage,  keep  Troops,  or 
Ships  of  War  in  time  of  Peace,  enter  into  any  Agreement 
or  Compact  with  another  State,  or  with  a  foreign  Power, 
or  engage  in  War,  unless  actually  invaded,  or  in  such 
imminent  Danger  as  will  not  admit  of  Delay." 

§  363.  We  have  already  considered  the  nature  of  tonnage 
duties,  (§  197,)  and  have  seen  that  Congress  has  power  to 
lay  such  duties  as  a  part  of  its  general  authority  to  lay 
and  collect  taxes,  duties,  imposts,  and  excises.  It  is  also 
in  some  measure  connected  with  the  regulation  of  com- 
merce, which  is  likewise  intrusted  to  Congress.  This 
clause  does  not  absolutely  prohibit  the  States  from  laying 
a  duty  on  tonnage,  but  declares  that  they  shall  not  do  so 
without  the  consent  of  Congress,  in  order  that  Congress 
may  have  supervision  and  control  of  the  whole  subject. 

§  364.  The  States  are  also  prohibited  from  keeping 
troops,  or  ships  of  war,  in  time  of  peace,  except  with  con- 
sent of  Congress.  The  power  to  declare  war,  raise  and 
support  armies  and  navies,  and  provide  for  the  common 
defence,  is  vested  in  Congress,  whose  authority,  extending 
over  all  the  States,  can  produce  uniformity  in  the  move- 
ments, organization,  and  discipline  of  the  army  and  navy. 


154         ^  CONSTITUTIONAL   TEXT-BOOK. 

But,  as  it  may  happen  to  be  necessary  in  time  of  peace 
that  the  States  should  keep  ships  or  troops,  they  are  au- 
thorized to  do  so  with  the  consent  of  Congress.  In  time 
of  war,  the  consent  of  Congress  is  not  made  necessary. 

§  365.  Another  restriction  is,  that  no  State  shall,  with 
out  the  consent  of  Congress,  enter  into  any  agreement  or 
compact  with  another  State,  or  with  a  foreign  power. 
Otherwise,  some  of  the  States  might  possibly  form  combi- 
nations of  a  political  character  among  themselves,  or  with 
foreign  powers,  which  would  seriously  embarrass  the  general 
government  or  endanger  the  whole  Union. 

§  366.  Nor  can  a  State,  without  the  consent  of  Congress, 
engage  in  war,  unless  it  be  actually  invaded,  or  is  in  such 
imminent  danger  as  will  not  admit  of  delay.  The  power 
to  declare  war  is  vested  in  the  national  representatives. 
Great  evils  would  result  to  the  other  States  if  a  single 
State  could  declare  war  whenever  it  was  disposed  to  do  so. 
The  Articles  of  Confederation  contained  a  provision  nearly 
similar  to  the  above.     (Art.  6,  sec.  1.) 


THE   EXECUTIVE   POWER.  156 


CHAPTER  XL 

THE   EXECUTIVE   POWER. 
ARTICLE  II. 

Article  I.  as  we  have  seen,  treats  of  the  legislative 
department ;  we  now  enter  upon  Article  IL,  which  treats 
of  the  executive  department. 

Section  1.  [Clause  1.]  "The  executive  Power  shall  be 
vested  in  a  President  of  the  United  States  of  America. 
He  shall  hold  his  Office  during  the  Term  of  four  Years, 
and,  together  with  the  Vice  President,  chosen  for  the  same 
Term,  be  elected,  as  follows." 

§  367.  By  the  Articles  of  Confederation,  the  executive 
power  was  vested  in  the  Congress  while  it  was  sitting,  and, 
during  the  recess,  it  was  delegated,  under  certain  restric- 
tions, to  what  was  called  "a  committee  of  the  States," 
consisting  of  one  delegate  from  each  State,  (Art.  9  and 
10.)  There  was  no  single  individual  in  whom  the  execu- 
tive power  was  vested,  and  this  was  considered  one  of  the 
most  serious  practical  defects  of  the  confederate  govern- 
ment. 

§  368.  In  some  countries  the  executive  power  is  in  the 
hands  of  several  persons,  who  exercise  it  jointly,  with  equal 
authority  and  rank.  This  division  of  power  is  apt  to  lead 
to  a  difference  of  opinion,  and  to  dissension,  rivalry,  and 
jealousy  between  the   different  magistrates  who  exercise 


156  CONSTITUTIONAL   TEXT-BOOK. 

the  power,  which  occasion  delay,  unsteadiness,  and  weak- 
ness of  action  in  the  government.  To  prevent  these  evils, 
as  well  as  to  secure  other  advantages,  the  Constitution 
intrusts  the  executive  power  to  a  single  individual,  whose 
title  is  the  President  of  the  United  States  of  America. 

§  369.  When  the  Constitution  was  framed,  there  was 
much  difference  of  opinion  as  to  the  length  of  time  for 
which  the  President  should  hold  his  office.  If  the  period 
is  too  short,  the  government  will  be  constantly  changing 
hands ;  one  administration  will  be  succeeded  by  another, 
before  its  plans  and  policy  have  had  a  fair  trial,  and  before 
it  has  had  sufficient  time  to  acquire  knowledge  from  expe- 
rience; thus  there  would  be  no  stability  in  public  affairs. 

§  370.  Four  years,  the  period  finally  agreed  upon,  is  in- 
termediate between  two  years,  the  period  for  which  repre- 
sentatives are  chosen,  and  six  years,  the  period  for  which 
senators  are  chosen ;  so  that,  in  one  presidential  term,  the 
House  of  Representatives  may  be  twice  wholly  changed, 
and  two-thirds  of  the  Senate  may  be  changed. 

§  371.  The  term  of  four  years,  for  which  the  President 
and  Vice-President  are  chosen,  commences  on  the  fourth 
day  of  March  next  succeeding  the  day  on  which  the  votes 
of  the  electors  are  given,  which  last-mentioned  day,  ac- 
cording to  an  act  of  Congress,  is  the  first  Wednesday  in 
December  in  every  fourth  year  succeeding  the  presidential 
election  ;  and  the  term  expires  at  the  end  of  the  third 
(lay  of  March  in  the  fourth  year  thereafter. 

There  is  nothing  in  the  Constitution  to  limit  the  number 
of  terms  for  which  a  President  may  be  successively  re- 
elected; but  as  George  Washington,  the  first  President, 
declined  to  be  a  candidate  again  at  the  close  of  his  second 
term  of  office,  his  example  has  become  a  precedent  by 
which  subsequent  Presidents  have  guided  themselves,  and 


THE    EXECUTIVE   POWER.  157 

no  one  of  them,  therefore,  has  sought  to  be  elected  for  a 
third  term. 

§  372.  The  office  of  Vice-President  was  created  in  order 
that  there  might  be  some  person  to  succeed  the  President 
in  case  of  his  removal  from  office,  or  of  his  death,  or  re- 
signation, or  his  inability  to  discharge  his  duties ;  and  also 
because  it  would  furnish  a  presiding  officer  to  the  Senate 
who  would  be  the  most  likely  to  be  impartial,  inasmuch  as 
he  is  elected  by  the  whole  country,  and  does  not  represent 
a  particular  State. 

[Clause  2.]  "  Each  State  shall  appoint,  in  such  Manner 
as  the  Legislature  thereof  may  direct,  a  Number  of  Elect- 
ors, equal  to  the  whole  Number  of  Senators  and  Repre- 
sentatives to  which  the  State  may  be  entitled  in  the  Con- 
gress :  but  no  Senator  or  Representative,  or  Person  holding 
an  Office  of  Trust  or  Profit  under  the  United  States,  shall 
be  appointed  an  Elector." 

§  373.  This  clause  provides  the  manner  in  which  the 
President  and  Vice-President  are  to  be  chosen.  They  are 
not  'chosen  by  the  people  directly,  but  by  a  body  of 
electors,  who  are  sometimes  called  "the  electoral  college." 
The  framers  of  the  Constitution  believed  that  a  small  num- 
ber of  men,  selected  for  that  particular  purpose  on  account 
of  their  wisdom,  patriotism,  and  virtue,  meeting  separately 
in  their  respective  States,  would  not  be  liable  to  be  in- 
fluenced by  the  excitements  of  a  popular  election,  or  by 
intrigue  or  corruption,  would  be  independent  in  their 
action,  well  qualified  to  examine  deliberately  the,  merits 
of  the  candidates,  and  therefore  likely  to  make  a  wise 
selection. 

§  374.  It  was  also  thought  that  the  selection  of  electors 

U 


158  CONSTITUTIONAL   TEXT-BOOK. 

by  whom  the  immediate  choice  of  a  President  and  \  ico 
President  is  to  be  made,  would  not  lead  to  the  tumults  and 
disorders  which  the  history  of  other  countries  shows  us 
are  apt  to  attend  the  election  of  high  executive  officers* 

§  375.  In  many  respects,  the  object  which  the  framers 
of  the  Constitution  sought  to  obtain  by  the  system  of 
electors  has  hitherto  failed  to  be  accomplished.  In  actual 
practice,  the  electors  are  chosen  for  the  express  purpose  of 
voting  for  particular  candidates,  to  do  which  they  are 
sometimes  even  pledged  beforehand ;  they  are  expected  to 
cast  their  votes  for  those  candidates  only,  and  not  to  exor* 
cise  any  freedom  of  choice  themselves.  It  may,  neverthe- 
less, sometimes  happen  that  the  selection  must  be  really 
made  by  the  electors,  as,  for  instance,  in  case  of  the  death 
of  one  or  more  of  the  candidates  before  the  election  takea 
place. 

§376.  Each  State  is  entitled  to  a  number  of  electors 
equal  to  the  whole  number  of  its  senators  and  representa- 
tives in  Congress,  in  order  that  it  may  have  about  th^ 
same  influence  in  the  choice  of  President  and  Vice-Presi- 
dent that  it  has  in  the  national  affairs  transacted  in  Con- 
gress. The  appointment  of  electors  is  to  be  made  in^such 
manner  as  the  legislature  of  each  State  shall  direct. 

§  377.  Senators,  representatives,  and  persons  holding 
offices  of  trust  or  profit  under  the  United  States,  are  ex- 
cluded from  being  electors.  Senators  and  representatives 
are  frequently  brought  into  close  relations  with  the  Presi- 
dent and  Vice-President  in  office,  and  might  on  that  ac- 
count be  less  independent  and  impartial,  or  become  subject 
to  their  influence  and  control,  in  case  they  were  candidates 
for  re-election. 

§  378.  If  there  is  no  choice  by  the  electors,  the  election 
will  devolve  upon  the  Senate  and  House  of  Representa- 


THE   EXECUTIVE   POWER.  15^ 

tives;  and  if  members  of  the  Senate  and  House  have  pre- 
viously voted  as  electors,  they  will  be  less  likely  to  be  free 
and  unbiassed  in  their  choice  as  senators  or  representa- 
tives. Persons  holding  offices  of  trust  and  profit  under  the 
United  States  are  also  excluded  from  the  electoral  college, 
lest  their  official  station  might  give  them  an  improper  influ- 
ence upon  the  electors.  The  object  of  the  provision  is  to 
prevent  any  interference  or  agency  on  the  part  of  th(? 
general  government  in  the  selection  of  President  and 
Vice-President. 

[Clause  3.]  "  The  Electors  shall  meet  in  their  respective 
States,  and  vote  by  Ballot  for  two  Persons,  of  whom  one 
at  least  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves.  And  they  shall  make  a  List  of  all  the  Persons 
voted  for,  and  of  the  Number  of  Votes  for  each ;  which  List 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  Seat 
of  the  Government  of  the  United  States,  directed  to  the  Pre- 
sident of  the  Senate.  The  President  of  the  Senate  shall, 
in  the  Presence  of  the  Senate  and  House  of  Representa- 
tives, open  all  the  Certificates,  and  the  Votes  shall  then 
be  counted.  The  Person  having  the  greatest  Number  of 
Votes  shall  be  the  President,  if  such  Number  be  a  Ma- 
jority of  the  whole  Number  of  Electors  appointed;  and 
if  there  be  more  than  one  who  have  such  Majority  and 
have  an  equal  number  of  Votes,  then  the  House  of  Re- 
presentatives shall  immediately  chuse  by  Ballot  one  of 
them  for  President;  and  if  no  Person  have  a  Majority, 
then  from  the  five  highest  on  the  List  the  said  House  shall 
>n  like  Planner  chuse  the  President.     But  in  chusing  the 


160  CONSTITUTIONAL   TEXT-BOOK. 

President,  the  Votes  shall  be  taken  bj  States,  the  Repre 
eentation  from  each  State  having  one  Vote ;  a  Quorum  for 
this  Purpose  shall  consist  of  a  Member  or  Members  from 
two  thirds  of  the  States,  and  a  Majority  of  all  the  States 
shall  be  necessary  to  a  Choice.  In  every  Case,  after  tho 
Choice  of  the  President,  the  Person  having  the  greatest 
Number  of  Votes  of  the  Electors  shall  be  the  Vice  Presi- 
dent. But  if  there  should  remain  two  or  more  who  have 
equal  Votes,  the  Senate  shall  chuse  from  them  by  Ballot 
the  Vice  President." 

§  379.  This  clause  prescribes  the  mode  in  which  the 
electors  shall  proceed  to  vote  for  President  and  Vice-Presi- 
dent. It  has  been  supplied  by  an  amended  clause,  as  we 
shall  see  presently,  but  many  of  the  original  featui-vfig  are 
retained.  Each  electoral  college,  acting  by  itself,  meets 
in  its  own  State;  there  is,  therefore,  less  opportunity  for 
concert  of  action,  intrigue,  or  bargaining,  among  the 
electors  of  the  several  States.  Under  the  original  clause 
they  did  not  separately  designate  one  person  for  President, 
and  another  person  for  Vice-President,  but  voted  by  the 
same  ticket  for  two  persons,  one  of  whom  at  least,  it  was 
provided,  should  not  be  an  inhabitant  of  the  same  State 
with  themselves  ;  such  a  provision  prevents  the  President 
and  Vice-President  from  being  inhabitants  of  the  same 
State. 

§  380.  They  then  made  out  a  list  of  all  the  persons 
voted  for,  and  of  the  number  of  votes  for  each,  which  lidt, 
after  being  signed  and  certified  by  them,  they  transmitted, 
sealed,  to  the  seat  of  government  of  the  United  Stuccs, 
directed  to  the  President  of  the  Senate. 

§  381.  The  President  of  the  Senate,  in  the  presence  of 


THE    EXECUTIVE    POWER.  161 

the  Senate  and  House  of  Representatives,  opened  all  the 
certificates,  and  the  votes  were  then  counted.  The  person 
who  had  the  greatest  number  of  votes  was  declared  to  be 
the  President,  provided  the  number  of  votes  received  by 
him  was  greater  than  a  majority  of  the  whole  number  of 
electors. 

§  382.  If  there  were  more  than  one  who  had  such  ma- 
jority, and  had  an  equal  number  of  votes,  then  the  House 
of  Representatives  was  required  immediately  to  choose,  by 
ballot,  one  of  them  for  President ;  and  if  no  person  had  a 
majority  of  the  whole  number  of  electors,  then  from  the 
five  highest  persons  on  the  list,  the  House  of  Representa- 
tives was  in  like  manner  to  choose  the  President.  The 
election  of  President  in  these  cases  devolves  upon  the 
House  of  Representatives,  because  that  is  the  branch  of 
Congress  which  more  immediately  represents  the  people. 

§  383.  In  choosing  the  President  in  the  House  of  Re- 
presentatives, the  vote  is  taken  by  States,  the  entire  dele- 
gation from  each  State  having  one  vote ;  this  is  intended 
to  give  to  each  State  an  equal  voice  in  the  selection.  A 
majority  of  all  the  States  is  necessary  to  a  choice,  and  a 
quorum,  for  the  purpose  of  an  election,  consists  of  a  mem- 
ber, or  of  members,  from  two-thirds  of  the  States. 

§  384.  In  every  case  after  the  choice  of  a  President,  the 
person  having  the  greatest  number  of  the  votes  of  the 
electors,  according  to  the  original  clause,  became  the  Vice- 
President.  But  if  there  were  then  two  or  more  who  had 
an  equal  number  of  votes,  it  devolved  upon  the  Senate  to 
choose  from  them,  by  ballot,  the  Vice-President.  The 
choice  of  the  Vice-President  is  thus  given  to  the  Senate, 
chiefly  because  he  is  the  presiding  officer  in  that  body. 

§  385.  At  the  election  of  the  fourth  President,  the 
electoral  votes  for  Thomas  Jefferson  and  Aaron  Burr  were 


162  CONSTITUTIONAL   TEXT-BOOK. 

equal,  and  each  received  the  votes  of  a  majority  of  the 
whole  number  of  electors.  There  was,  therefore,  no  elec- 
tion by  the  people.  Accordingly,  the  House  of  Kepre- 
eentatives,  in  pursuance  of  this  clause,  as  it  originally 
stood,  proceeded  to  choose  a  President.  On  the  first  bal- 
lot, eight  States  voted  for  Thomas  Jefferson,  six  States  for 
Aaron  Burr,  and  the  votes  of  two  States  were  divided. 
There  were  then  sixteen  States  in  the  Union. 

§  386.  The  balloting  continued  nearly  a  week,  and 
thirty-five  ballots  were  had,  with  the  same  result  as  the 
first.  The  contest  was  carried  on  with  violent  party  spirit. 
Finally,  on  the  thirty-sixth  ballot,  Thomas  Jefierson  re- 
ceived the  votes  of  a  majority  of  the  States,  and  was  de- 
clared President;  Aaron  Burr,  having  the  next  highest 
number  of  votes,  became  Vice-President. 

§  387.  To  prevent  the  occurrence  of  such  a  state  of 
things  again.  Congress,  on  the  12th  of  December,  1808, 
proposed  to  the  legislatures  of  the  States  an  amendment 
to  this  part  of  the  Constitution,  which  was  adopted  by 
three-fourths  of  the  States,  and  was  proclaimed  by  the 
President  as  a  part  of  the  Constitution,  September  25, 
1804,  and  therefore  takes  the  place  of  the  original  clause 
we  have  just  been  considering.  This  is  the  twelfth  of  the 
series  of  amendments  to  the  Constitution,  and  is  as 
follows  : — 

"  The  Electors  shall  meet  in  their  respective  states,  and 
vote  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
state  with  themselves  ;  they  shall  name  in  their  ballots  the 
person  voted  for  as  President,  and  in  distinct  ballots  the 
person  voted  for  as  Vice-President,  and  they  shall  make 


THE   EXECUTIVE   POWER.  163 

distinct  lists  of  all  persons  voted  for  as  President,  and  of 
all  persons  voted  for  as  Vice-President,  and  of  the  number 
of  votes  for  each,  which  lists  thej  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  President  of  the  Senate; — 
The  President  of  the  Senate  shall,  in  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates and  the  votes  shall  then  be  counted  ; — The  person 
having  the  greatest  number  of  votes  for  President,  shall 
be  the  President,  if  such  number  be  a  majority  of  the 
whole  number  of  Electors  appointed ;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the 
highest  numbers  not  exceeding  three  on  the  list  of  those 
voted  for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But  in 
choosing  the  President,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote  ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the.  states,  and  a  majority  of 
all  the  states  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President 
whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the 
Vice-President  shall  act  as  President,  as  in  the  case  of 
the  death  or  other  constitutional  disability  of  the  Presi- 
dent.— The  person  having  the  greatest  number  of  votes 
as  Vice-President,  shall  be  the  Vice-President,  if  such 
number  be  a  majority  of  the  whole  number  of  Electors 


164  CONSTITUTIONAL   TEXT-BOOK. 

appointed,  and  if  no  person  have  a  majority,  tlien  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose  shall 
consist  of  two-thirds  of  the  whole  number  of  Senators, 
8.nd  a  majority  of  the  "whole  number  shall  be  necessary  to 
a  choice.  But  no  person  constitutionally  ineligible  to  the 
office  of  President  shall  be  eligible  to  that  of  Vice-Presi- 
dent of  the  United  States." 

§  388.  The  amendment,  as  will  be  seen  by  comparison, 
retains  many  of  the  features  of  the  original  clause.  It 
still  leaves  with  Congress  the  right  to  elect  a  President 
and  Vice-President,  where  there  is  no  election  by  the  peo- 
ple ;  but  it  changes  the  mode  of  procedure.  The  principal 
alterations  it  effects  are  the  following:  The  electors,  in- 
stead of  voting  generally  for  two  persons,  are  to  vote  for 
one  person  for  President  and  one  person  for  Vice-Presi- 
dent in  distinct  ballots,  and  separate  lists  of  the  persons 
voted  for  as  President  and  as  Vice  President  are  to  be 
sent  to  the  seat  of  government. 

§  389.  If  no  person  have  a  majority,  the  House  of  Re- 
presentatives are  to  elect  a  President  from  the  three  highest 
persons  on  the  list  of  those  voted  for  as  President,  instead 
of  the  five  highest,  as  in  the  original  article.  This  was 
intended  to  exclude  from  the  chance  of  election  by  the 
House  of  Representatives,  those  persons  who  had  received 
•but  a  small  number  of  electoral  votes. 

§  390.  If  the  House  of  Representatives,  whenever  the 
choice  of  a  President  shall  devolve  upon  them,  shall  fail  to 
choose  a  President  before  the  fourth  day  of  March  next 
following,  then  the  Vice-President  shall  act  as  President, 
as  in  case  of  the  death  or  other  constitutional  disability  of 


THE   EXECUTIVE    POWER.  165 

the  President.  There  was  no  provision  similar  to  this  in 
the  original  article. 

§  391.  As  the  Constitution  at  first  stood,  a  Vice-Presi- 
dent could  not  be  designated  until  after  the  President  had 
been  elected  by  the  House  of  Representatives.  The 
amendment  allows  the  Senate  to  proceed  at  once  and  choose 
a  Vice-President  from  the  two  highest  numbers  on  the 
list  of  persons  voted  for  as  Vice-President;  two-thirds 
of  the  senators  constitute  a  quorum  for  this  purpose, 
and  a  majority  of  the  whole  number  is  necessary  to  a 
choice.  The  votes  of  the  Senate  in  choosing  a  Vice-Pre- 
sident are  not  taken  by  States,  as  the  votes  of  the  House 
are  in  choosing  a  President,  but  each  Senator  has  one  vote. 

§  392.  It  is  also  declared  by  the  amendment,  that  a  per- 
son who  is  constitutionally  ineligible  to  the  office  of  Presi- 
dent, shall  be  also  ineligible  to  that  of  Vice-President. 
This  is  because  the  Vice-President  may  be  called  on  to  act 
as  President. 

§  393.  Since  the  adoption  of  this  amendment,  there  has 
been  one  election  of  President  by  the  House  of  Represen- 
tatives. At  the  election  for  the  tenth  Presidential  term, 
commencing  March  4,  1825,  John  C.  Calhoun  was  chosen 
Vice-President,  but  there  was  no  election  of  President 
by  the  electors.  It  therefore  devolved  on  the  House  of 
Representatives  to  choose  a  President  from  the  three 
highest  on  the  list  of  candidates  for  the  Presidency,  who 
wore  Andrew  Jackson,  John  Quincy  Adams,  and  William 
H.  Crawford.  John  Quincy  Adams  received  a  majority 
of  the  votes  of  the  States,  and  was  consequently  declared 
elected  by  the  House. 

[Clause  4.]  "  The  Congress  may  determine  the  Time  of 
chusing  the  Electors,  and  the  Day  on  which  they  shall 


166  CONSTITUTIONAL  TEXT-BOOK. 

give  their  "Votes;    which  Day  shall  be  the  same  through- 
out the  United  States." 

§  894.  In  virtue  of  the  power  given  by  this  clause,  Con- 
gress passed  an  act,  March  1,  1792,  requiring  electors  to 
be  elected  in  each  State  within  thirty-four  days  preceding 
the  first  Wednesday  in  December,  in  every  fourth  year 
succeeding  the  last  Presidential  election,  which  electors 
shall  be  equal  to  the  number  of  senators  and  representa- 
tives to  which  the  several  States  may  by  law  be  entitled 
at  the  time  w^hen  the  President  and  Vice-President  to  be 
chosen  shall  come  into  office;  for  instance,  a  State  entitled 
to  ten  representatives,  and  having  tw^o  senators,  appoints 
twelve  electors. 

§  395.  The  electors  are  required  by  the  act  above  men- 
tioned to  meet  and  give  their  votes  on  the  first  Wednes- 
day in  December,  at  such  place  in  the  State  as  shall  bo 
directed  by  the  legislature  thereof.  They  usually  meet  at 
the  capital  of  the  State.  Their  votes  are  thus  given  on 
the  same  day  throughout  the  United  States.  The  electors 
are  further  required  to  make  and  sign  three  certificates 
of  all  the  votes  given  by  them,  and  to  appoint  a  per- 
son to  take  charge  of  and  deliver  one  of  the  certifi- 
cates to  the  President  of  the  Senate  at  the  seat  of  the 
national  government,  before  the  first  Wednesday  in  Janu- 
ary, then  next  ensuing. 

§  396.  If  there  should  then  be  no  President  of  the 
Senate  at  the  seat  of  government,  the  certificate  is  to  be 
deposited  with  the  Secretary  of  State,  to  be  delivered  by 
him  as  soon  as  may  be,  to  the  President  of  the  Senate. 
Another  one  of  the  certificates  is  to  be  sent  by  the  Post- 
office  to  the  President  of  the  Senate  at  the  seat  of  govern- 
ment.    The  rem£tining  certificate  is  to  be  delivered  to  the 


THE    EXECUTIVE    POWER.  167 

judge  of  the  district  court  of  the  United  States  for  the 
district  in  which  the  electors  are  assembled. 

§  397.  The  executive  authority  of  each  State  is  also 
directed  by  the  act  to  make  out  and  certify  three  lists  of 
the  names  of  the  electors  of  such  State,  and  the  electors  are 
to  annex  one  of  those  lists  to  each  of  the  lists  of  their  votes. 

§  398  If  a  list  of  votes  shall  not  have  been  received  at 
the  seat  of  government  on  or  before  the  first  Wednesday 
in  January,  then  the  Secretary  of  State  shall  send  a 
special  messenger  to  the  district  judge  in  whose  custody  a 
list  has  been  lodged,  who  shall  immediately  transmit  his  list 
to  the  seat  of  government. 

§  399.  On  the  second  Wednesday  in  February  succeed- 
ing the  meeting  of  the  electors,  the  certificates  shall  be 
opened  by  the  President  of  the  Senate,  in  the  presence  of 
the  Senate  and  the  House  of  Representatives,  the  votes 
counted,  and  the  persons  who  shall  fill  the  office  of  Presi- 
dent and  of  Vice-President  ascertained  and  declared 
agreeably  to  the  Constitution. 

§  400.  The  act'  above  mentioned  fixes  no  day  for  choos- 
ing the  electors.  It  only  requires  them  to  be  chosen 
within  thirty-four  days  preceding  the  first  Wednesday  in 
December.  But  by  a  later  act  passed  in  1845,  Congress 
declared  that  the  electors  shall  be  appointed  in  each  Stato 
on  the  Tuesday  next  after  the  first  Monday  of  November 
of  the  year  in  which  they  are  to  be  appointed ;  also  that 
oach  State  may  provide  by  law  for  filling  vacancies  in  its 
college  of  electors,  when  such  college  meets  to  give  its 
electoral  votes ;  and  that  when  any  State  shall  have  held 
an  election  for  the  purpose  of  choosing  electors,  and  shall 
fail  to  make  a  choice  on  the  day  above  mentioned,  the 
electors  may  be  appointed  on  a  subsequent  day,  in  such 
manner  as  the  State  may  by  law  provide. 


168  CONSTITUTIONAL   TEXT-BOOK. 

[Clause  5.]  "No  person  except  a  natural  born  Citizen,  oi 
a  Citizen  of  the  United  States,  at  the  time  of  the  Adop- 
tion of  this  Constitution,  shall  be  eligible  to  the  Office  of 
President;  neither  shall  any  person  be  eligible  to  that 
Office  "who  shall  not  have  attained  to  the  Age  of  thirty-five 
"Years,  and  been  fourteen  Years  a  Resident  within  the 
United  States." 

§401.  The  qualifications  of  the  President  consist  of 
these  four  particulars : 

(1.)  He  must  be  a  natural  born  citizen  of  the  United 
States. 

(2.)  Or  if  not  a  natural  born  citizen,  he  must  have  been 
a  citizen  of  the  United  States  at  the  adoption  of  the  Con- 
stitution. 

(3.)  He  must  be  at  least  thirty-five  years  of  age. 

(4.)  He  must  have  been  fourteen  years  a  resident  of  the 
United  States. 

§  402.  It  is  very  proper  that  aliens  or  foreigners  should 
be  excluded  from  the  office  of  President,  because  it  is  the 
highest  and  most  responsible  office  under  the  Constitution. 

At  the  time,  however,  of  the  adoption  of  the  Constitu- 
tion, many  of  the  citizens  in  the  States  were  natives  of 
Europe,  and  had  emigrated  to  this  country  and  been  natu- 
ralized in  the  various  States.  They  had  helped  to  win  our 
independence,  and  some  of  them  were  among  the  most 
distinguished  and  valuable  of  the  patriots  of  the  Revolu- 
tion. It  seemed  unjust  and  ungrateful  to  exclude  such 
persons  from  the  office  of  President,  and.  it  was,  therefore, 
in  order  to  meet  their  case,  provided  that  those  who 
had  been  citizens  of  the  United  States  at  the  time  of  the 
adoption  of   the    Constitution    should    be    eligible   to   the 


THE   EXECUTIVE    POWER.  169 

office  of  President,  although  they  were  not  natural  born 
citizens.    - 

§  403.  It  is  required  that  the  President  shall  be  thirty- 
five  years  of  age  at  the  time  of  his  election,  because  at 
tliat  period  of  life  it  is  probable  his  character  will  be 
formed,  his  qualifications  ascertained,  and  his  mind  im- 
proved by  experience  and  knowledge. 

§  404.  A  previous  residence  of  fourteen  years  in  the 
United  States,  is  also  required  in  order  that  the  people  may 
have  an  opportunity  of  ascertaining  his' fitness  for  the  office, 
and  that  he  may  become  familiar  with  our  institutions.  The 
residence  required  by  the  Constitution  does  not  preclude 
a  temporary  sojourn  in  foreign  countries;  it  seems  de- 
signed to  prohibit  a  permanent  settlement  abroad,  with 
the  intention  of  remaining  abroad. 

[Clause  6.]  "  In  Case  of  the  Removal  of  the  President 
from  Office,  or  of  his  Death,  Resignation,  or  Inability  to 
discharge  the  Powers  and  Duties  of  the  said  office,  the 
same  shall  devolve  on  the  Vice-President,  and  the  Con- 
gress may  by  Law  provide  for  the  Case  of  Removal,  Death, 
Resignation,  or  Inability,  both  of  the  President  and  Vice- 
President,  declaring  what  Officer  shall  then  act  as  Presi- 
dent, and  such  Officer  shall  act  accordingly,  until  the  Dis- 
ability be  removed,  or  a  President  shall  be  elected.'* 

§  405,  The  Constitution  by  this  clause  declares  that  in 
case  of  the  death,  removal,  resignation,  or  inability  of  the 
President,  the  duties  of  his  office  shall  devolve  upon  the 
Vice-President.  When  the  Vice-President  succeeds  to  the 
duties  of  the  President,  he  continues  to  discharge  them 
until  the  close  of  the  term  for  which  the  President  was 
elected,  unless  it  be  only  a  temporary  disability  of  the 


170  CONSTITUTIONAL   TEXT-BOOK. 

President,  which  is  sooner  removed.  Congress  Is  further 
authorized  to  provide  for  the  case  of  the  removal,  death, 
resignation,  or  inability,  both  of  the  President  and  Vice* 
President. 

§406.  Accordingly  Congress,  in  1792,  enacted  that  in 
case  of  the  removal,  death,  resignation,  or  inability  both  of 
the  President  and  Vice-President,  the  President  of  the 
Senate,  'pro  tempore,  and  in  case  there  shall  be  no  Presi- 
dent of  the  Senate,  the  Speaker  of  the  House  of  Repre- 
sentatives, shall  act*  as  President,  until  the  disability  bo 
removed,  or  a  President  shall  be  elected. 

§407.  It  is  customary  for  the  Vice-President  of  the 
United  States,  who  is  the  President  of  the  Senate,  to  with- 
draw from  the  Senate  a  short  time  previous  to  the  close  of 
every  session,  so  that  the  Senate  may  elect  a  President 
pro  tempore.  Then  if  the  office  of  President  of  the  United 
States,  and  that  of  Vice-President  should  both  become 
vacant  during  the  recess  of  Congress,  the  President  pro 
tempore  of  the  Senate  would  act  as  President  of  the  United 
States ;  and  if  there  were  no  President  pro  tempore  of  the 
Senate,  then  the  Speaker  of  the  House  of  Representativefl 
would  act. 

§  408.  Should  such  a  vacancy  occur  while  there  was  no 
President  of  the  Senate  pro  tempore,  and  during  the  recess 
of  Congress,  after  the  expiration  of  one  Congress  and  be- 
fore the  assembling  of  another,  while,  therefore,  there 
would  be  no  Speaker  of  the  House  of  Representatives, 
then  it  would  seem  that  no  person  is  designated  to  act  as 
President. 

§  409.  Congress,  by  the  same  act,  declared  that  when 
ever  the  office  of  President  and  of  Vice-President  shall  both 
become  vacant,  the  Secretary  of  State  shall  notify  the  execu- 
tive of  every  State,  and  that  electors  of  President  and  Vice- 


THE    EXECUTIVE    POWER.  171 

President  shall  be  chosen,  as  above  mentioned,  within  thirty- 
four  days  preceding  the  first  Wednesday  in  the  ensuing  De- 
cember ;  provided  that  there  shall  be  a  space  of  two  months 
between  the  date  of  the  notice  and  the  first  Wednesday  of 
December:  but  if  there  shall  not  be  such  space  of  two 
months,  and  if  the  Presidential  term  shall  not  expire  on 
the  third  day  of  the  ensuing  March,  then  the  electors  shall 
be  appointed  within  thirty-four  days  preceding  the  first 
Wednesday  of  December  in  the  following  year.  The  pro- 
ceedings and  duties  of  the  electors  are  the  same  as  in  the 
case  of  a  regular  election. 

[Clause  7.]  "  The  President  shall,  at  stated  Times,  re- 
ceive for  his  Services,  a  Compensation,  which  shall  neither 
be  en  creased  nor  diminished  during  the  Period  for  which 
he  shall  have  been  elected,  and  he  shall  not  receive  within 
that  Period  any  other  Emolument  from  the  United  States, 
or  any  of  them." 

§  410.  The  President  would  scarcely  be  independent  of 
Congress,  if  that  body  had  the  power  to  deprive  him  of  his 
salary,  and  thus  control  his  means  of  support.  On  the 
other  hand,  if  his  salary  could  be  increased  during  his 
term  of  office,  he  might  be  tempted  from  his  duty  by  the 
prospect  of  obtaining  such  increase. 

§  411.  The  salary  of  the  President  is,  by  an  act  of  Con- 
gress passed  in  1793,  fixed  at  the  rate  of  $25,000  a  year, 
together  with  the  use  of  the  Presidential  mansion  and  its 
furniture.  The  salary  of  the  Vice-President  is  at  the  rate 
of  $8,000  a  year. 

[Clause  8.]  "Before  he  enter  on  the  execution  of  his 
Office,  he  shall  take  the  following  Oath  or  Affirmation : — 
*  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 


172  CONSTITUTIONAL   TEXT-BOOK. 

*  execute  the  Office  of  President  of  the  United  States,  and 

*  will  to  the  best  of  my  Ability,  preserve,  protect  and  de- 

*  fend  the  Constitution  of  the  United  States.'  " 

§  412.  The  object  of  this  clause  was  to  insure  faithful- 
ness on  the  part  of  the  President,  by  means  of  the  so- 
lemnity and  sanction  of  an  oath.  It  is  his  sworn  duty 
to  preserve,  protect,  and  defend  the  Constitution  of  the 
United  States  to  the  best  of  his  ability. 

Section.  2.  [Clause  1.]  "The  President  shall  be  Com- 
mander in  Chief  of  the  Army  and  Navy  of  the  United 
States,  and  of  the  Militia  of  the  several  States,  when  called 
into  the  actual  Service  of  the  United  States  ;  he  may  re- 
quire the  Opinion,  in  writing,  of  the  principal  Officer  in 
each  of  :  the  executive  Departments,  upon  any  Subject 
relating  to  the  Duties  of  their  respective  Offices,  and  he 
shall  have  Power  to  grant  Reprieves  and  Pardons  for 
Offences  against  the  United  States,  except  in  Cases  of  Im- 
peachment." 

§413.  Experience  has  shown  that  in  time  of  war,  ac- 
tivity, energy,  promptness,  and  unity,  in  the  operations  of 
an  army  or  navy,  are  more  likely  to  be  attained  when  the 
commanding  power  is  in  the  hands  of  a  single  person  than 
when  it  is  distributed  among  several  persons.  If,  then, 
such  power  is  to  be  vested  in  any  single  magistrate,  it 
seems  proper  that  it  should  be  intrusted  to  the  highest 
executive  officer  of  the  government. 

§414.  The  President  is  the  commander-in-chief  of  the 
army  and  navy  in  time  of  peace  as  well  as  of  war ;  but  he 
has  no  right  to  command  the  militia  of  the  several  States  ex- 


THE    EXECUllVE    POWER.  173 

cept  when  they  are  called  into  the  actual  service  cf  the 
United  States.     (See  art.  I.,  sec.  8,  clause  15.) 

§  415.  The  President  is  also  authorized  to  require  the 
opinion  in  writing,  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices ;  at  the  same  time  he  is 
under  no  obligation  to  adopt  such  opinion.  He  cannot 
require  the  opinion  of  the  judges  of  the  Supreme  Court  of 
the  United  States,  as  they  can  constitutionally  be  called 
on  to  decide  only  such  questions  as  come  regularly  before 
them  according  to  law. 

§416.  The  President  is  authorized  to  grant  reprieves 
and  pardons  for  offences  against  the  United  States,  except 
in  cases  of  impeachment.  A  reprieve  is  a  suspension  or 
delay  of  the  execution  of  a  sentence  in  a  criminal  case,  for 
a  limited  time.  A  pardon  is  a  discharge  of  the  offender 
from  all  the  punishment  which  the  law  inflicts  on  his 
offence.  The  pardoning  power  also  includes  the  remission 
of  fines,  penalties,  and  forfeitures  under  the  various  laws 
of  the  United  States. 

§  417.  Impeachment  is  generally  employed  against  high 
officers  of  government  for  matters  relating  to  the  discharge 
of  their  official  duties.  The  judgment  does  not  extend 
farther  than  to  removal  from  office  and  disqualification 
from  holding  office  thereafter,  and  cannot  be  pronounced 
unless  two-thirds  of  the  Senate  concur.  The  power  to 
pardon  in  such  cases,  is  withheld  from  the  President,  be- 
cause the  object  of  impeachment  is  to  disgrace  rather  than 
to  punish,  and  because  the  President  might  sometimes  be 
inclined  to  favour  and  protect  persons  occupying  important 
stations  in  the  government,  and  appointed,  perhaps,  by 
himself. 

15* 


174  CONSTITUTIONAL   TEXT-BOOK. 

[Clause  2.]  "  He  shall  have  Power,  by  and  with  the  Ad 
vice  and  Consent  of  the  Senate,  to  make  Treaties,  provided 
two-thirds  of  the  Senators  present  concur;  and  he  shall 
nominate,  and  by  and  with  the  Advice  and  Consent  of  the 
Senate,  shall  appoint  Ambassadors,  other  public  Ministers 
and  Consuls,  Judges  of  the  supreme  Court,  and  all  other 
Officers  of  the  United  States,  whose  Appointments  are 
not  herein  otherwise  provided  for,  and  which  shall  be  esta- 
blished by  Law :  but  the  Congress  may  by  Law  vest  the 
Appointment  of  such  inferior  Officers,  as  they  think  pro- 
per, in  the  President  alone,  in  the  Courts  of  Law,  or  in 
the  Heads  of  Departments." 

§  418.  A  treaty  is  an  agreement  between  two  or  more 
independent  nations.  The  subjects  of  treaties  are  gene- 
rally peace,  war,  alliance,  boundaries,  territory,  commerce, 
navigation,  and  payment  of  debts. 

§  419.  Treaties  are  usually  formed  by  agents  or  minis- 
ters, appointed  by  the  governments  who  are  parties  to  the 
treaty.  Sometimes  these  agents  or  ministers  are  intrusted 
with  full  authority  to  sign  and  conclude  the  treaty ;  but 
more  generally  they  transmit  it,  or  the  preliminary  articles 
of  the  proposed  treaty,  to  their  respective  governments,  to 
be  either  ratified  or  rejected;  by  the  usage  of  nations,  the 
treaty  is  not  finally  binding  until  it  is  ratified. 

§420.  In  practice,  a  treaty  is  first  concluded  under  the 
direction  of  the  President.  He  then  lays  it,  with  all  the 
official  documents  respecting  its  negotiation,  before  the 
Senate,  where  it  is  discussed  in  executive  session,  with 
closed  doors.  The  Senate  may  ratify  it,  or  refuse  to  con- 
Bent  to  it,  or  ratify  some  articles  in  it  and  reject  others* 


THE    EXECUTIVE    POWER.  175 

or  they  may  recommend  additional  articles.  Amendments 
to  the  treaty  in  the  Senate,  as  well  as  its  final  ratification, 
require  a  vote  of  two-thirds. 

§  1:21.  If  the  Senate  make  any  alterations  in  the  pro- 
posed treaty,  it  does  not  become  the  law  of  the  land  until 
the  alterations  are  approved  by  the  President,  and  by  the 
government  with  which  the  treaty  is  made. 

§  422.  By  this  clause  the  appointing  power  is  vested  in 
the  President,  by  and  with  the  advice  and  consent  of 
the  Senate.  This  appointing  power  extends  to  ambassa- 
dors and  other  public  ministers,  consuls,  judges  of  the 
Supreme  Court,  and  all  other  officers  of  the  United  States 
whose  appointments  are  not  otherwise  provided  for  by  the 
Constitution.  But  Congress  is  authorized  to  vest  by  law 
the  appointment  of  such  inferior  officers  as  they  may  think 
proper,  in  the  President  alone,  or  in  the  courts  of  law,  or 
in  the  heads  of  departments. 

§  423.  A  rule  of  the  Senate  provides  that,  when  nomi- 
nations shall  be  made  in  writing  by  the  President  to  the 
Senate,  a  future  day  shall  be  assigned,  unless  the  Senate 
unanimously  direct  otherwise,  for  taking  them  into  con- 
sideration. Another  rule  requires  that  all  information 
or  remarks  concerning  the  character  or  qualifications  of 
any  person  nominated  by  the  President,  shall  be  kept 
secret. 

§424.  If  the  nomination  of  the  President  is  approved 
by  a  majority  of  the  Senate,  the  nominee  may  be  appointed 
and  commissioned  by  the  President.  Although  the  Senate 
can  reject  a  nomination  made  by  the  President,  they  can- 
not nominate  or  appoint  another  person  instead  of  the  one 
rejected;  the  President  must  then  make  another  nomi- 
nation. 

It  was  thought  that  the  President  would  be  more  likely 


176  CONSTITUTIONAL   TEXT-BOOK. 

to  nominate  suitable  persons  for  office,  if  their  character 
and  qualifications  were  to  be  subject  to  the  examination  of 
the  Senate. 

§  425.  To  constitute  a  full  appointment  under  this  clause, 
it  is  necessary — 

(1.)  That  the  President  should  nominate  in  writing  to 
the  Senate,  the  person  proposed  to  be  appointed. 

(2.)  That  the  Senate  should  advise  and  consent  that  the 
nominee  be  appointed. 

(3.)  That,  in  pursuance  of  such  advice  and  consent,  the 
appointment  should  be  actually  made. 

§426.  The  nomination  is  not  an  appointment;  nor  is 
that  nomination,  followed  by  the  consent  of  the  Senate, 
sufficient  of  itself  to  confer  an  office  upon  a  citizen  under 
the  Constitution.  The  President  may  still,  in  his  discre- 
tion, withhold  the  appointment  from  the  nominee.  The 
appointment  is  not  complete,  and  the  nominee  has  no  legal 
rights,  as  an  officer,  conferred  upon  him  until  a  commission 
has  been  signed  by  the  President. 

§  427.  The  commission  is  a  formal  certificate  of  the 
appointment,  signed  by  the  President,  and  sealed  by  the 
Secretary  of  State  with  the  seal  of  the  United  States, 
which  is  delivered  to  the  person  appointed.  Actual  de- 
livery of  the  commission,  after  it  has  been  signed  by  the 
President,  is  not  absolutely  necessary ;  nor,  if  lost  or  de- 
stro}ed,  would  the  appointment  be  void.  The  salary  is 
paiti  from  the  date  of  the  appointment,  and  not  from  the 
time  the  Commission  is  received. 

§428.  Although  the  power  of  appointment  is  vested  in 
the  President  and  Senate,  the  power  of  removal  has,  since 
the  Congress  of  1789,  w^iich  after  thorough  discussion 
sustained  the  right,  been  exercised  by  the  President  alone : 
the  practical  result  of  this  construction  of  the  Constitu- 


THE   EXECUTIVE    POWER.  177 

tion  is  that  offices  in  general  are  held  during  the  pleasure 
of  the  President,  unless  the  Constitution,  or  the  law  by 
which  they  are  created,  provides  otherwise. 

§  429.  Some  of  the  reasons  which  led  to  this  construc- 
tion of  the  Constitution  were,  that  the  President  is  in- 
trusted with  the  supreme  executive  power,  and  is  bound  to 
carry  the  laws  into  operation,  which  he  can  do  only  by 
means  of  officers  responsible  to  him  ;  also,  that  it  might 
frequently  be  necessary  to  make  removals  when  Congress 
was  not  in  session,  and  the  consent  of  the  Senate,  if  neces- 
sary, could  not  for  that  reason  be  gbtained. 

§  430.  The  power  of  the  President  to  remove  an  officer 
from  the  public  service,  extends  to  all  officers  in  the  army 
and  navy,  as.  well  as  to  civil  officers. 

§431.  An  important  branch  of  the  appointing  power, 
expressly  vested  in  the  President  jointly  with  the  Senate, 
is  that  which  relates  to  ambassadors,  other  public  minis- 
ters, and  consuls.  Public  ministers  are  sent  abroad  by  a 
sovereign  State  to  transact  public  business  in  behalf  of 
their  country  with  a  foreign  government. 

§  432.  In  strictness,  no  State  is  obliged  to  send  ministers 
to,  or  receive  them  from,  another  State ;  the  practice  in  this 
respect  arises  from  long  usage,  and  the  courtesy  of  nations 
in  their  intercourse  with  each  other.  Every  independent 
State,  however,  has  the  right  to  send  public  ministers  to, 
and  receive  them  from,  any  other  sovereign  State  with 
which  it  desires  to  maintain  friendly  relations. 

§  433.  There  are,  according  to  the  practice  of  nations, 
three  grades  of  public  ministers,  or  diplomatic  agents : 

(1.)  Cardinals,  papal  legates,  or  nuncios,  and  ministers 
sent  with  the  character  of  ambassadors.  These  represent 
the  State,  or  the  person  of  the  sovereign,  by  whom  they 
are  sent,  in  the  highest  and  most  eminent  degree,  not  only 


178  CONSTITUTIONAL   TEXT-BOOK. 

in  the  particular  affairs  with  which  they  are  charged,  but 
on  all  occasions.  Ambassadors  are  divided  into  ordinary 
and  extraordinary ;  the  former  are  employed  in  permanent 
missions,  the  latter,  in  special  and  extraordinary  nego- 
tiations. 

§  434.  (2.)  Envoys,  envoys  extraordinary,  ministers 
plenipotentiary. 

(3.)  Ministers,  ministers  resident,  charges  d'affaires. 

The  ministers  of  the  second  and  third  classes  are  destitute 
of  the  representative  character,  strictly  so  called,  and  re- 
present their  State  or  sovereign  only  for  the  affairs  with 
which  they  are  charged,  either  in  behalf  of  the  govern- 
ment or  its  subjects. 

§  435.  Consuls  are  commercial  agents  of  a  government, 
appointed  to  reside  in  a  foreign  country  to  protect  the 
commercial  interests  of  their  government.  Although  con- 
suls are,  to  some  extent,  under  the  special  protection  of  the 
law  of  nations,  yet  they  are  not  considered  as  public  minis- 
ters or  diplomatic  agents :  they  cannot  enter  upon  their 
duties  until  they  have  been  confirmed  by  the  sovereign  in 
whose  dominions  they  are  about  to  reside.  A  vice-consul 
is  one  who  acts  in  the  place  of  a  consul. 

§436.  The  duties  of  our  consuls  relate  chiefly  to  the  com- 
merce of  the  United  States,  and  to  the  masters  of  ships, 
mariners,  and  other  citizens  of  the  United  States.  They 
have  authority  to  receive  prt)tests  or  declarations  which 
captains,  crews,  passengers,  merchants,  and  others  may 
make,  relating  to  American  commerce  ;  they  are  required, 
when  the  laws  of  the  country  permit  it,  to  administer  on 
the  estate  of  American  citizens  dying  within  their  consul- 
ate and  leaving  no  legal  representatives  ;  to  take  charge 
of  stranded  American  vessels  in  the  absence  of  the  master 
or  owners ;  to  settle  disputes  between  the  masters  of  ves- 


THE   EXECUTIVE   POWER.  179 

sels  and  the  seamen  ;  to  provide  for  destitute  seamen,  and 
send  them  to  the  United  States  at  the  public  expense. 
They  may  also  grant  passports  to  American  citizens 
abroad. 

§437.  The  diplomatic  and  consular  systems  of  the 
United  States  were  remodelled  by  an  act  of  Congress, 
approved  March  1,  1855.  By  that  act  certain  countries 
are  designated,  in  which  the  United  States  are  to  be  repre- 
sented by  an  envoy  extraordinary  and  minister  plenipo- 
tentiary, together  with  a  secretary  of  legation.  Consuls 
are  appointed  to  reside,  during  their  continuance  in  office, 
in  the  principal  cities  and  ports  throughout  the  world,  and 
consuls  and  commercial  agents,  in  the  less  important  lo- 
calities, receiving  a  fixed  annual  compensation  for  their 
services.  The  consuls  at  certain  of  the  more  important 
places  are  not  permitted  to  transact  business  in  their  own 
name,  or  through  the  agency  of  others.;  but  consuls  and 
commercial  agents  at  other  places  are  not  thus  restricted. 
By  this  act,  none  but  citizens  of  the  United  States  can  be 
appointed  as  diplomatic  or  consular  agents. 

§  438.  The  persons  and  household  goods  of  foreign 
ambassadors  or  public  ministers,  are,  by  the  law  of  na- 
tions, exempt  from,  arrest  or  seizure ;  nor  are  ambassadors 
responsible  to  the  civil  or  criminal  laws  of  the  country  to 
which  they  are  sent.  As  they  are  the  representatives  of 
their  governments,  and  are  deputed  for  the  purposes  of 
negotiation  and  friendly  intercourse,  they  are  exempt  from 
all  molestation.  If  they  insult  the  government  to  which 
they  are  sent,  or  violate  its  laws,  the  government  may 
refuse  to  treat  with  them,  or  application  may  be  made  to 
their  own  government  for  their  recall,  or  they  may  be  dis- 
missed and  required  to  depart  within  a  reasonable  time. 

§  439.  But  consuls,  as  above  stated,  are  regarded  merely 


180  COXSTITUTIONAL   TEXT-BOOK. 

as  commercial  agents,  and  are  not,  by  the  law  of  nations, 
entitled  to  the  privileges  of  public  ministers ;  they  are 
generally  subject,  in  civil  and  criminal  cases,  to  the  law& 
of  the  country  where  they  reside.- 

§  440.  Congress  passed  an  act,  April  30, 1790,  declaring 
that  all  writs  and  processes  issued  out  of  any  court  of  tho 
United  States,  or  of  a  particular  State,  or  by  any  judge 
or  justice,  whereby  any  ambassador  or  other  public  minis- 
ter of  any  foreign  prince  or  State,  or  any  servant  of  any 
such  ambassador  or  minister,  may  be  arrested,  or  his  goods 
and  chattels  seized,  shall  be  deemed  utterly  void.  But  to 
entitle  the  servants  of  an  ambassador  to  the  protection  of 
this  act,  the  names  of  such  servants  should  be  first  regis- 
tered in  the  office  of  the  Secretary  of  State,  and  further 
publicity  given  to  them  in  a  manner  pointed  out  in 
the  act. 

[Clause  3.]  "  The  President  shall  have  Power  to  fill  up 
Vacancies  that  may  happen  during  the  Recess  of  the 
Senate,  by  granting  Commissions  which  shall  expire  at  the 
End  of  their  next  Session." 

§  441.  This  clause  refers  to  vacancies  in  offices  under 
the  Constitution  and  laws  of  the  United  States.  Vacan- 
cies may  happen  from  death,  resignation,  promotion,  or 
removal.  The  power  of  temporary  appointment  is  given 
to  the  President  alone,  because  the  consent  of  the  Senate 
cannot  be  obtained  when  it  is  not  in  session.  But  tlie 
appointment  by  the  President  in  such  case  expires  at  the 
end  of  the  next  session  of  the  Senate. 

§  442.  Sometimes  offices  are  created  by  law  while  tlie 
Senate  is  in  session,  and  are  not  filled  at  the  time.  The 
President  cannot  appoint  to  those  offices  after  the  adjourn- 
ment of  the  Senate,  without  special  authority  is  given  to 


THE    EXECUTIVE    POWER.  181 

him,  because  in  such  case  the  vacancy  does  not  happeiv 
during  the  recess. 

§  443.  But  if  a  vacancy  occur  before  the  session  of  the 
Senate,  and  the  President  fills  it  by  an  appointment,  which, 
by  the  clause  we  are  now  considering,  expires  at  the  end 
of  the  next  session,  and  the  President  during  the  session 
should  nominate  a  person  for  the  office,  and  the  nomina- 
tion is  not  acted  upon,  or  approved  by  the  Senate,  then  it 
has  been  the  practice  of  the  government  to  consider  that, 
after  the  adjournment  of  the  Senate,  a  vacancy  has  again 
happened  in  the  office  during  a  recess  of  the  Senate,  so 
that  the  President  may  proceed  to  make  another  appoint- 
ment until  the  end  of  the  following  session  of  the  Senate. 
If  this  were  not  done,  the  office  would  be  unoccupied,  and 
public  business  might  suffer. 

"  Section  3.  He  shall  from  time  to  time  give  to  the 
Congress  Information  of  the  State  of  the  Union,  and 
recommend  to  their  Consideration  such  Measures  as  he 
shall  judge  necessary  and  expedient ;  he  may,  on  extra- 
ordinary Occasions,  convene  both  Houses,  or  either  of 
them,  and  in  Case  of  Disagreement  between  them,  with 
Respect  to  the  time  of  Adjournment,  he  may  adjourn  them 
to  such  Time  as  he  shall  think  proper ;  he  shall  receive 
Ambassadors  and  other  public  Ministers  ;  he  shall  take 
Care  that  the  Laws  be  faithfully  executed,  and  shall  Com- 
mission all  the  officers  of  the  United  States." 

§  444.  From  the  first  part  of  this  clause  has  originated 
the  practice  of  the  President  to  send  a  written  message  con- 
cerning public  affairs  to  Congress,  annually,  and  special 
messages  at  other  times.     The  first  two  Presidents,  Wash- 

16 


182  CONSTITUTIONAL   TEXT-BOOK. 

ington  and  Adams,  used  to  meet  both  Houses  of  Congress 
in  person,  and  deliver  addresses  to  them  concerning  national 
affairs.  This  practice  was  discontinued  bj  Mr.  Jefferson, 
upon  the  occasion  of  his  first  annual  message,  and  written 
messages  have  taken  the  place  of  such  speeches.  Congress 
is  not  obliged  to  adopt  the  recommendations  made  bj  the 
President,  but  may  take  such  action  therein  as  in  its  judg- 
ment it  shall  deem  proper. 

§  445.  The  power  to  call  tv)gether  both  Houses,  or  either 
House,  of  Congress,  on  extraordinary  occasions,  is  given 
to  the  President,  because  circumstances  may  arise  during 
the  recess  in  which  he  might  require  their  advice  and 
assistance.  It  is  under  the  power  thus  given,  that  special 
sessions  of  Congress  have  sometimes  been  called  by  the 
President. 

§  446.  When  the  two  Houses  of  Congress  cannot,  them- 
selves, agree  upon  the  time  to  which  they  shall  adjourn, 
the  President  is  authorized  to  adjourn  them  to  such  time 
as  he  may  think  proper. 

§447.  The  President  is  authorized  to  receive  ambassa- 
dors and  other  p'ublic  ministers,  because  he  is  the  chief 
magistrate  of  the  country,  and  is  at  the  head  of  the  govern- 
ment. Consuls  are  not  mentioned  in  this  clause  by  name, 
but  they  have  been  considered  as  included  within  the  gene- 
ral language  employed.  Foreign  ministers  must  present 
their  credentials  to  the  President,  which  must  receive  his 
allowance,  or  exequatur,  as  it  is  called,  before  they  can 
perform  any  official  act. 

§  448.  By  the  clause  we  are  now  considering  it  is  mado 
the  duty  of  the  President  to  "  take  care  that  the  laws  are 
faithfully  executed;"  that  is,  the  laws  of  the  United  States. 
This  duty  is  properly  charged  upon  him  because  he  is  the 
chief  executive  officer  of  the  government.     As  commander 


THE   EXECUTIVE   POWER.  183 

in-cliief  of  the  army  and  navy,  he  has  ample  means  of  en- 
forcing the  observance  of  the  laws. 

§  449.  It  belongs  to  the  executive  department  to  execute 
every  law  which  Congress  has  the  constitutional  authority 
to  enact.  But  if  the  President  should  mistake  the  mean- 
ing of  an  act  of  Congress,  and  in  consequence  of  such 
mistake  should  give  instructions  not  warranted  by  the  act, 
any  injured  party  might  recover  damages  against  the 
officer  acting  under  those  instructions,  which,  although 
given  by  the  President,  would  furnish  no  justification  or 
excuse. 

§  450.  The  President  commissions  all  the  officers  of  the 
United  States,  because  the  appointing  power  is  vested  in 
him,  jointly  with  the  Senate.  The  commissions  of  the 
public  officers  appointed  by  the  President,  are  signed  by 
him,  and  have  the  great  seal  of  the  United  States  affixed 
thereto.     (See  §  427.) 

"  Section  4.  The  President,  Vice-President  and  all  civil 
Officers  of  the  United  States,  shall  be  removed  from  Office 
on  Impeachment  for,  and  Conviction  of.  Treason,  Bribery, 
or  other  high  Crimes  and  Misdemeanors." 

§  451.  The  power  of  impeachment  does  not  extend  to  all 
citizens,  but  only  to  the  President,  the  Vice-President,  and 
all  civil  officers  of  the  United  States.  By  civil  officers  of 
the  United  States,  are  meant  all  officers  who  hold  appoint- 
ments, either  of  an  executive  or  a  judicial  character,  under 
the  general  government.  But  officers  in  the  army  or  navy 
are  not  considered  as  civil  officers,  and  are  not,  therefore, 
liable  to  impeachment;  they  are  subject,  however,  to  the 
discipline  of  the  army  and  navy,  to  trial  by  a  court-martial, 
and  to  dismission  from  the  service  by  the  President. 
•  §452.  The  words  "crimes"  and  "misdemeanors"  have 


184  CONSTITUTIONAL   TEXT-BOOK. 

nearly  the  same  signification,  but  in  common  usage  the 
word  ''crimes"  is  intended  to  denote  offences  of  a  more 
serious  character,  while  "  misdemeanors"  denotes  those  of 
less  consequence.  Bribery,  as  used  here,  is  the  giving  of 
money  or  reward  to,  or  its  receipt  by,  a  person  in  office, 
as  a  compensation  for  acting  contrary  to  his  duty. 

§  453.  It  has  generally  been  considered  that  members 
of  the  Senate  and  House  of  Representatives  are  not  liable 
to  impeachment,  inasmuch  as  they  hold  their  appointment 
under  the  State,  or  from  the  people  they  represent,  and 
not  from  the  national  government. 

We  have  already  described  the  proceedings  in  impeach- 
ment ;  see  §  114. 

§454.  In  England  the  king  is  not  constitutionally  an- 
swerable for  any  of  his  official  misconduct.  It  is  presumed 
that  he  acts  always  by  the  advice  of  his  ministers,  and  they 
are,  therefore,  held  personally  responsible  for  all  political 
measures  adopted  during  their  administration.  It  is  for  this 
reason  that  the  ministers  resign  as  soon  as  they  find  that 
a  majority  of  Parliament  is  against  them.  But  in  the 
United  States,  the  President  is,  by  the  Constitution,  an- 
swerable himself  for  his  own  official  misconduct,  and  is,  as 
we  have  just  seen,  liable  to  impeachment  for  treason, 
bribery,  or  other  high  crime  or  misdemeanor. 

§  455.  The  President,  in  all  cases  where  his  official 
authority  and  duty  are  not  brought  in  question,  is  merely 
a  private  citizen,  subject  to  the  usual  duties  and  obligations 
of  a  citizen.  Therefore,  if  his  testimony  is  necessary  in 
any  case  for  the  purposes  of  justice,  he  may  be  subpoc 
naed  into  court  and  examined  as  a  witness,  and  may  be 
required  to  produce  papers  just  as  any  other  citizen, 
unless  the  papers  relate  to  State  affairs,  which  should  not 
be  disclosed. 


THE    EXECUTIVE    POWER. 


186 


§  456.  Tlie  following  is  a  list  of  the  Presidents  and  Vice- 
Presidents  for  each  Presidential  term  of  four  years : — 


Term. 


Ist,    From     March   4, 

1789,    to    March   4 

1793. 
2d,  March  4,   1793,  to 

March  4,  1797. 
3d,  March  4,  1797,  to 

March  4,  1801. 
1th,  March  4,  1801,  to 

March  4,  1805. 
5th,  March  4,  1805,  to 

March  4,  1809. 
Gth,  March  4,  1809,  to 

March  4,  1813. 
7th,  March  4,  1813,  to 

March  4,  1817. 
8th,  March  4,  1817,  to 

March  4,  1821. 
9th,  March  4,  1821,  to 

March  4,  1825. 
10th,  March  4,    1825, 

to  March  4,  1829. 
11th,  March  4,    1829, 

to  March  4,  1833. 
12th,  March   4,   1833, 

to  March  4,  1837. 
13th,  March   4,  1837, 

to  March  4,  1841. 
14th,  March   4,    1841, 

to  March  4,  1845. 


15th,  March   4,   1845, 

to  March  4,  1849. 
16th,  March    4,    1849, 
'  to  March  4,  1853. 


17  th,  March    4,    1853, 
to  March  4,  1857. 


President. 


George  Washington, 
Va. 

George  Washington, 

Va. 
John  Adams,  Mass. 

Thomas  Jefferson,  Va. 

Thomas  Jefferson,  Va. 

James  Madison,  Va. 

James  Madison,  Va. 

James  Monroe,  Va. 

James  Monroe,  Va. 

John    Quincy   Adams, 

Mass. 
Andrew  Jackson,  Tenn. 

Andrew  Jackson,  Tenn. 

Martin   Van   Buren, 
N.  Y. 

William  Henry  Harri- 
son, Ohio,  President 
for  one  month  ;  died 
April  4,  1841. 

John  Tyler,  acting  Pre- 
sident 3  years,  11m. 

James  K.  Polk,  Tenn. 

Zachary  Taylor,  La., 
President  1  year,  4 
m.;  died  July  9, 1850. 

Millard  Fillmore  acting 
President  2  years, 
8  months. 

Franklin  Pierce,  N.  H. 


Id* 


Vice-President. 


John  Adams,  Mass. 

John  Adams,  Mass. 
Thomas  Jefferson,  Va. 
Aaron  Burr,  N.  Y. 
George  Clinton,  N.  Y. 
George  Clinton.  N.  Y. 
Elbridge  Gerry,  Mass. 

Daniel    D.    Tompkins, 

N.  Y. 
Daniel    D.    Tompkins, 

N.  Y. 
John  C.  Calhoun,  S.  C. 

John  C.  Calhoun,  S.  C. 

Martin   Van   Buren, 

N.  Y. 
Richard  M.  Johnson, 

Ky. 

John  Tyler,  Va.,  Vice- 
President  for  one 
month;  office  vacant 
for  residue  of  term. 

George  M.  Dallas,  Pa. 

Millard  Fillmore,  N. 
Y.,  Vice-President  1 
year,  4  months ;  office 
vacant  for  residue  of 
term. 

William  R.  King,  Ala., 
Vice-President  for  1 
month,  14  days;  died 
April  18,  1853,  office 
vacant. 


186  CONSTITUTIONAL   TEXT-BOOK. 


CHAPTER  Xir 

THE   EXECUTIVE   DEPARTMENTS. 

§  457.  The  executive  and  administrative  business  of  the 
government  is  not  all  managed  directly  by  the  President 
himself,  but  has,  by  various  acts  of  Congress,  been  distri- 
buted among  several  executive  departments,  viz. ; 

(1.)  Department  of  State. 

(2.)  Department  of  the  Navy. 

(3.)  Department  of  War. 

(4.)  Department  of  Treasury. 

(5.)  Post-oflBce  Department. 

(6.)  Department  of  the  Interior. 

§458.  The  heads  of  these  departments,  together  with  the 
Attorney  General  of  the  United  States,  are  appointed  by 
the  President,  with  the  advice  and  consent  of  the  Senate, 
and  they  constitute  what  is  termed  the  cabinet,  with  whom 
the  President  consults  confidentially  upon  public  affairs. 
The  Yice-Pres'.dent  of  the  United  States  is  not  a  member 
of  the  cabinet. 

§  459.  They  are  the  constitutional  advisers  of  the  Presi- 
dent, and  he  is  authorized  by  the  Constitution  (Art.  II.  sec. 
2,  clause  1)  to  "  require  the  opinion  in  writing  of  the  prin- 
cipal officer  in  each  of  the  executive  departments  upon  any 
subject  relating  to  the  duties  of  their  respective  offices." 
These  officers  are  again  recognised  by  the  Constitution  in 
*".he  clause  which  vests  the  appointment  of  certain  inferior 
officers  ^'in  the  heads  of  departments,"  (Art.  II.  sec.  2, 


THE    EXECUTIVE   DEPARTMENTS.  187 

clause  2.)  The  number,  organization,  and  duties  of  these 
departments,  are  left  to  be  determined  by  Congress. 

§  460.  The  chief  officer,  or  head,  in  each  of  the  depart- 
ments is,  as  above  stated,  nominated  by  the  President  and 
approved  by  the  Senate ;  but  he  may  be  removed  at  the 
will  of  the  President  alone,  and  is  responsible  to  him.  If 
a  vacancy  happens  during  the  recess  of  Congress,  the 
President  may  appoint  an  officer  pro  tempore  to  fill  the 
place  till  the  next  meeting  of  Congress. 

In  some  of  these  great  departments  there  are  established 
subordinate  departments,  termed  bureaus,  to  whij^h  certain 
subjects  of  business  are  assigned. 

§  461.  Each  of  the  departments  has  an  official  seal ;  so 
also  have  some  of  the  bureaus;  copies  of  their  records, 
authenticated  by  certificate  and  the  official  seal,  are,  by 
act  of  Congress,  made  evidence  equally  with  the  original 
record  or  paper ;  the  heads  of  the  departments  are  author- 
ized by  law  to  appoint  the  clerks,  (except  some  of  the 
principal  clerks,  who  are  appointed  by  the  President,)  by 
virtue  of  the  clause  in  the  Constitution,  as  above  men- 
tioned, authorizing  certain  appointments  to  be  vested  in 
the  heads  of  departments  ;  and  they  perform  generally 
such  other  duties  appertaining  to  their  office  as  may  be 
required  of  them  by  the  President  or  by  Congress. 

§462.  No  contract  in  behalf  of  the  United  States  can 
be  made  by  the  heads  of  departments,  except  under  a 
law  or  appropriation  authorizing  it,  so  that  they  cannot 
involve  the  government  in  responsibility  for  the  payment 
of  money,  beyond  the  amount  appropriated  by  Congress. 

§  463.  The  Secretary  of  State  performs  such  duties  as 
are  enjoined  on  or  intrusted  to  him  by  the  President, 
agreeably  to  the  Constitution,  relative  to  the  correspond- 
ence with  and  instructions  to  the  public  ministers,  consuls, 


188  CONSTITUTIONAL   TEXT-BOOF 

and  diplomatic  agents  of  the  United  States ;  or  to  nego- 
tiations with  foreign  States  ;  or  to  memorials  or  applica- 
tions to  our  own  government  from  foreigners  or  the  public 
ministers  of  foreign  States ;  and  generally  to  all  matters 
relating  to  our  foreign  affairs.  His  salary  is  $8000  a 
year. 

§4G4.  The  Department  of  State  was  organized  in  the 
year  1789,  by  the  first  Congress  which  assembled  under  the 
Constitution,  and  was  termed  the  Department  of  Foreign 
Affairs,  and  the  duties  assigned  to  it  related  to  the  foreign 
affairs  of  the  government.  At  a  subsequent  period  in  the 
same  year,  the  name  was  changed  to  that  of  the  Depart- 
ment ol  State,  and  it  was  then  made  the  duty  of  the  Secre- 
tary to  receive,  keep,  and  promulgate  the  laws  enacted  by 
Congress,  and  to  have  the  charge  of  the  seal  of  the  United 
States,  and  affix  it  to  the  commissions  of  all  civil  officers  of 
the  United  States  lawfully  appointed  by  the  President,  as 
well  where  the  consent  of  the  Senate  was  necessary  to  the 
appointment  as  where  it  was  not.  Passports  to  American 
citizens  visiting  foreign  countries,  are  granted  by  the 
Secretary  of  State. 

§465.  After  laws  have  been  passed  by  Congress,  they 
are  enrolled  on  parchment,  the  sheets  of  which  are  of 
uniform  size,  and  are  signed  by  the  Speaker  of  the  House 
of  Representatives  and  the  President  of  the  Senate ;  they 
are  then  sent  to  the  President  of  the  United  States  for  his 
approval.  If  approved  by  him,  he  signs  them,  and,  after 
notifying  Congress  that  he  has  thus  approved  and  signed 
them,  he  deposits  the  originals  in  the  office  of  the  Secretary 
of  State,  where  they  are  bound  together  in  volumes  and 
preserved. 

§  466.  In  the  Department  of  State,  in  addition  to  the 
Secretary,  there  are  employed  an  assistant  Secretary  of 


THE  EXECUTIVE  DEPARTMENTS.         189 

State,  who  is  appointed  bj  the  President ;  a  chief  clerk 
a  claims  clerk,  a  translator,  and  numerous  subordinate 
clerks.  There  is  also  established  within  this  department 
a  diplomatic  bureau,  a  consular  bureau,  and  a  domestic 
bureau. 

§  467.  The  following  is  a  list  of  the  Secretaries  of  State, 
from  the  organization  of  the  government  to  the  present 
time  : — 

Thomas  Jefferson,  of  Virginia.     Appointed  26th  September,  1789. 
Resigned. 

Edmund   Randolph,    of  Virginia.      Appointed   2d  January,   1794. 


Timothy  PicKBBiNa,  of  Pennsylvania.  Appointed  10th  December, 
1795.    Removed. 

John  Mabshall,  of  Virginia.  Appointed  13th  May,  1800.  Ap- 
pointed Chief  Justice  of  the  Supreme  Court  31st  January,  1801. 

James  Madison,  of  Virginia.  Appointed  5th  March,  1801.  Became 
President  4th  March,  1809. 

Robert  Smith,  of  Maryland.  Appointed  6th  March,  1809.  Re- 
signed. 

James  Monroe,  of  Virginia.  Appointed  2d  April,  1811,  in  recess  of 
Senate.  Nomination  confirmed  and  appointed  25th  November,  1811. 
Appointed  Secretary  of  War  27th  September,  1814. 

James  Monroe,  of  Virginia,  Appointed  28th  February,  1815.  Be- 
came President  of  the  United  States  4  th  March,  1817. 

John  Qcincy  Adams,  of  Massachusetts.  Appointed  5th  March, 
1817.     Became  President  of  the  United  States  4th  March,  1825. 

Henby  Clay,  of  Kentucky.     Appointed  7th  March,  1825.     Resigned. 

Martin  Van  Buren,  of  New  York.  Appointed  6th  March,  1829. 
Resigned. 

Edward  Livingston,  df  Louisiana.  Appointed  24th  May,  1831,  in 
recess  of  Senate.  Nomination  confirmed  and  appointed  12th  January, 
1832. 

Louis  McLanb,  of  Delaware.  Appointed  29th  May,  1833,  in  recess 
of  Senate.     Resigned. 

John  Forsyth,  of  Georgia.     Appointed  27th  June,  1834. 

Daniel  Webster,  of  Massachusetts.  Appointed  5th  March,  1841. 
Resigned. 


190  ■  CONSTITUTIONAL   TEXT-BOOK. 

Abel  V.  UfSHUR,  of  Virginia.  Appointed  24th  July,  1843,  in  recess 
of  the  Senate.     Nomination  confirmed  and  appointed  2d  January,  1844. 

John  C.  Calhoun,  of  South  Carolina.     Appointed  6th  March,  1844, 

Jame3  Buchanan,  of  Pennsylvania.     Appointed  5th  March,  1845. 

John  M.  Clayton,  of  Delaware.  Appointed  7th  March,  1849.  Re- 
signed. 

Daniel  Webster,  of  Massachusetts.     Appointed  20th  July,  1850. 

Edward  Everett,  of  Massachusetts.  Appointed  9th  December, 
1852. 

William  L.  Marcy,  of  New  York.     Appointed  March  7,  1853. 

§468.  The  Secretary  of  War  performs  such  duties  as 
are  intrusted  to  him  by  the  President  relative  to  military 
commissions,  or  to  the  land  forces  or  warlike  stores  of  the 
United  States,  and  to  other  military  affairs  of  the  United 
States.  The  Secretary  of  War  does  not  compose  a  part 
of  the  army  of  the  United  States,  and  is  not  required  to 
perform  military  service  in  the  field.  His  duties  are  such 
as  may  be  performed  at  the  seat  of  government  and  in  the 
war  office.  To  his  department  belong  the  direction  and 
government  of  the  army  ;  the  purchase  and  preservation 
of  the  arms  and  munitions  of  war ;  and  the  erection  of  all 
fortifications.     His  salary  is  $8000  a  year. 

§  469.  The  Secretary  of  War  is  assisted  by  a  chief  clerk 
and  by  other  clerks.  Connected  with  this  department 
there  is  a  quartermaster's  department,  the  chief  officer  of 
which  is  termed  the  quartermaster-general ;  an  engineer 
department,  the  principal  officer  of  which  is  termed  tl:e 
chief  engineer ;  a  bureau  of  topographical  engineers,  the 
chief  officer  of  which  is  termed  the  colonel  of  topographical 
engineers ;  an  ordnance  department,  the  chief  officer  of 
which  is  termed  the  colonel  of  ordnance;  a  subsistence 
department,  the  chijf  officer  of  which  is  termed  the  com- 
missary-general ;  a  pay  department,  the  chief  officer  of 
which  is  termed  the  paymaster-general ;    and  a  medical 


THE  EXECUTIVE  DEPARTMENTS.         191 

department,  the  chief  officer  of  which  is  termed  the  surgeon- 
general. 

§470.  The  supervision  of  the  national  armories  at 
Springfield  and  at  Harper's  Ferry,  where  arms  are  manu- 
factured, and  of  the  arsenals  and  depots,  where  arms  are 
deposited,  also  belongs  to  the  Secretary  of  War.  Prior  to 
the  creation  of  the  Department  of  the  Interior,  to  which 
those  matters  were  then  transferred,  the  Department  of 
War  had  jurisdiction  of  Indian  afi"airs,  and  the  granting  of 
pensions  and  land  for  military  services. 

In  addition  to  the  arms  manufactured  at  the  national 
armories  above  mentioned,  the  government  procures  arms 
from  individuals,  according  to  contracts  made  with  the 
War  Department. 

§471.  The  United  States  and  territories  are  divided 
geographically  into  five  military  divisions,  as  follows  : 

(1.)  Department  of  the  East.  Head-quarters  at  Bal- 
timore. 

(2.)  Department  of  the  West.  The  country  west  of  the 
Mississippi  river,  and  east  of  the  Rocky  Mountains,  except 
the  departments  of  Texas  and  New  Mexico.  Head-quarters 
at  St.  Louis. 

(3.)  Department  of  Texas.  The  State  of  Texas,  ex- 
cept the  country  north  of  the  thirty-third  degree  of  north 
latitude.     Head-quarters  at  Corpus  Christi,  Texas. 

(4.)  Department  of  New  Mexico.  The  territory  of 
New  Mexico,  except  the  country  west  of  the  one  hundred 
aixd  tenth  degree  of  west  longitude.  Head-quarters  at 
Albuquerque. 

(5.)  Department  of  the  Pacific.  The  country  west  of 
the  Rocky  Mountains,  except  the  territory  of  Utah  and 
the  department  of  New  Mexico.  Head-quarters  at  San 
Francisco. 


192  CONSTITUTIONAL  TEXT-BOOK. 

The  head-quarters  of  the  army  are  in  the  city  of  Nfc"?» 
York. 

In  each  of  these  different  departments  forts  and  mili- 
tary posts  are  established,  where  troops  are  stationed. 

SECRETARIES   OF  WAR. 

Henry  Knox,  of  Massachusetts.  Appointed  12th  September,  1789. 
Resigned. 

Timothy  Pickering,  of  Pennsylvania.  Appointed  2d  January,  1795. 
Appointed  Secretary  of  State  10th  December,  1795. 

John  McHenry,  of  Maryland.  Appointed  27th  January,  1796. 
Resigned. 

Samuel  Dexter,  of  Massachusetts.  Appointed  13th  May,  1800. 
Appointed  Secretary  of  the  Treasury  Slst  December,  1800. 

Roger  Griswold,  of  Connecticut.     Appointed  3d  February,  1801. 

Henry  Dearborn,  of  Massachusetts.     Appointed  5th  March,  1801. 

William  Eustis,  of  Massachusetts.  Appointed  7th  March,  1809. 
Resigned. 

John  Armstrong,  of  New  York.  Appointed  13th  January,  1813. 
Resigned. 

James  Monroe,  of  Virginia.  (Secretary  of  State.)  Appointed  27th 
September,  1814.     Appointed  Secretary  of  State  28th  February,  1815. 

William  H.  Crawford,  of  Georgia.  Appointed  3d  March,  1815. 
Appointed  Secretary  of  the  Treasury  22d  October,  1816. 

George  Graham,  of  Virginia.  Appointed  7th  April,  1817,  in  recess 
of  the  Senate. 

John  C.  Calhoun,  of  South  Carolina.  Appointed  8th  October,  1817, 
in  recess  of  the  Senate.  Nomination  confirmed  and  appointed  15th 
December,  1817. 

James  Barbour,  of  Virginia.     Appointed  7th  March,  1825. 

Peter  B.  Porter,  of  New  York.     Appointed  26th  May,  1828. 

John  H.  Eaton,  of  Tennessee.  Appointed  9th  March,  1829.  Re- 
signed. 

Lewis  Cass,  of  Ohio.  Appointed  1st  August,  1831,  in  recess  of  the 
Senate.     Nomination  confirmed  and  appointed  30th  December,  1831. 

Benjamin  F.  Butler,  of  New  York.     Appointed  3d  March,  1837. 

Joel  R,  Poinsett,  of  South  Carolina.     Appointed  7th  March,  1837. 

John  Bell,  of  Tennessee.  Appointed  5th  March,  1841.  Re- 
signed. ^ 


THE    EXECUTIVE    DEPARTMENTS.  19*1 

John  C.  Spenceb,  of  New  York.  Appointed  12th  October,  1841,  in 
the  recess  of  the  Senate.  Nomination  confirmed  and  appointed  20th 
December,  1841. 

James  M.  Porter,  of  Pennsylvania.  Appointed  8th  March,  1843,  in 
recess  of  the  Senate. 

William  Wilkins,  of  Pennsylvania.  Appointed  15th  February, 
1844. 

William  L.  Marct,  of  New  York.     Appointed  5th  March,  1845. 

George  W.  Crawford,  of  Georgia.  Appointed  7th  of  March,  1849 
Resigned. 

Charles  M.  Conrad,  of  Louisiana.     Appointed  15th  August,  185(1 

Jefferson  Davis,  of  Mississippi.     Appointed  March  7,  1853. 

§472.  The  Department  of  Treasury  was  organized  in 
1789.  The  duty  of  the  Secretat-y  of  the  Treasury  is  to 
prepare  plans  for  the  improvement  and  management  of 
the  revenue,  and  for  the  support  of  public  credit ;  to  make 
and  report  estimates  of  the  public  revenue  and  the  public 
expenditures ;  to  superintend  the  collection  of  the  revenue 
of  the  United  States ;  to  grant  warrants  for  money  to  be 
issued  from  the  Treasury,  and  generally  to  perform  all  such 
services  relative  to  the  finances  of  the  government  as  he 
shall  be  directed  to  perform.  His  salary  is  $8000  a  year. 
All  accounts  of  the  government  are  finally  settled  at  the 
Treasury  Department. 

§473.  In  pursuance  of  an  act  of  May  10,  1800,  the 
Secretary  of  the  Treasury  prepares  and  lays  before  Con- 
gress, at  the  commencement  of  every  session,  a  report  on 
the  subject  of  finance,  containing  estimates  of  the  public 
revenue  and  public  expenditures,  and  plans  for  increasing 
the  revenues,  for  the  purpose  of  giving  information  to 
Congress  in  adopting  modes  of  raising  money  to  meet  the 
public  expenditures. 

§  474.  The  Secretary  of  the  Treasury  employs  an  as- 
Histant  secretary,  a  chief  clerk,  and  a  large  number  of 
other  clerks.     In  this  department   there  are  various  bu- 

17 


194  CONSTITUTIONAL   TEXT-BOOK. 

reaus,  among  which  the  business  is  distributed  permanently 
and  upon  a  regukr  system.  There  is  a  first  comptroller, 
and  a  second  comptroller ;  a  first  auditor,  second  auditor, 
third  auditor,  fourth  auditor,  fifth  auditor,  and  sixth 
auditor. 

§  475.  There  is  in  this  department  a  treasurer,  and  an 
assistant  treasurer  in  Boston,  New  York,  Philadelphia,  St. 
Louis,  and  Charleston ;  also  a  commissioner  of  customs, 
and  a  solicitor  of  the  treasury,  a  law-oflScer  whose  duty  it 
is  to  attend  to  the  collection  of  debts  due  to  the  govern- 
ment, to  the  management  of  suits  in  the  local  courts  of 
the  United  States,  and  the  instruction  of  district  attorneys 
and  marshals  in  relation  thereto. 

§  476.  All  claims  due  to  the  United  States,  after  a 
failure  or  refusal  to  pay,  are  put  in  suit  in  the  district 
where  the  parties  or  some  of  them  reside,  and,  except  post- 
office  suits,  are  placed  upon  the  books  of  the  solicitor  of 
the  treasury,  and  are  collected  under  his  direction. 

§477.  Accounts  with  the  United  States  are  received, 
examined,  and  settled  by  the  proper  auditors,  and  the  settle- 
ments by  them  are  then  revised  by  one  of  the  comptrollers. 
The  decision  of  the  comptroller  upon  all  questions  of  law 
as  well  as  of  fact,  in  matters  of  account  within  the  limits 
of  his  duty,  is  final,  unless  redress  is  granted  by  Congress. 
The  auditors  of  the  public  accounts  are  authorized  to  ad- 
minister oaths  or  affirmations  to  witnesses  in  any  case  in 
which  they  may  deem  it  necessary  for  the  due  examination 
of  accounts,  and  false  swearing  as  to  any  matter  concern- 
ing the  expenditure  of  public  money,  or  in  support  of  any 
claim  against  the  United  States,  is,  by  an  act  of  Congress, 
made  perjury. 

§  478.  The  coast-survey,  the  revenue-cutter  service, 
(§218,)   and   the   mint    of   the    United    States,    with   its 


THE    EXEC  JTIVE    DEPARTMENTS.  195 

branches,  are  all  attached  to  this  department.  The  light- 
houses of  the  United  States  were  formerly  under  tne  con- 
trol of  the  fifth  auditor  of  the  treasury;  but  by  ah  act 
passed  August  31,  1852,  the  "  Light-house  Board  of  the 
United  States"  was  established. 

§  479.  This  board  consists  of  two  officers  of  the  navy, 
of  high  rank,  one  officer  of  the  corps  of  engineers  of  the 
army,  one  officer  of  the  corps  of  topographical  engineers 
of  the  army,  two  civilians  of  high  scientific  attainments, 
with  an  officer  of  the  navy,  and  an  officer  of  engineers  of 
the  army,  as  secretaries.  The  Secretary  of  the  Treasury 
is,  by  virtue  of  his  office,  president  of  the  board,  and  the 
board  is  attached  to  his  department,  and  is  under  his  super- 
intendence. 

§  480.  The  duties  of  the  Light-house  Board  relate  to  the 
construction,  illumination,  inspection,  and  supervision  of 
light-houses,  light-vessels,  beacons,  buoys,  and  sea-marks, 
and  to  rebuilding  them,  and  keeping  them  in  repair.  The 
Atlantic,  Gulf,  Pacific,  and  Lake  coasts  of  the  United 
States,  are  divided  into  light-house  districts,  and  the  Pre- 
sident of  the  United  States  assigns  to  each  district  an 
officer  of  the  army  or  navy,  as  light-house  inspector,  under 
the  orders  of  the  board. 

§481.  List  of  Secretaries  of  the  Treasury:^- 

Alexander  Hamilton,  of  New  York.  Appointed  11th  September, 
1V89.     Resigned. 

Oliver  Wolcott,  Jr.,  of  Connecticut.  Appointed  3d  February,  1796. 
Resigned. 

Samuel  Dexter,  of  Massachusetts,  (Secretary  of  War.)  Appointed 
Blst  December,  1800. 

Albert  Gallatin,  of  Pennsylvania-  Appointed  14th  May,  1801,  in 
recess  of  Senate.  Nomination  confirmed  and  appointed  26tb  January, 
1802. 

George  W.  Campbell,  of  Tennessee.  Appointed  9th  February,  1814 
fte«iiigned. 


196  CONSTITUTIONAL   TEXT-BC  jK. 

Alexander  James  Dallas,  of  Pennsylvania,  appointed  6th  October, 
1814. 

WiLtiAM  H.  Cbawfjbd,  of  Georgia.  Appointed  22d  October,  1816, 
in  recess  of  the  Senate.  Nomination  confirmed  and  appointed  5th  March, 
1817. 

Richard  Rush,  of  Pennsylvania.     Appointed  7th  March,  1825. 

Samuel  D.  Ingham,  of  Pennsylvania.  Appointed  6th  March,  182U. 
Resigned. 

Louis  McLanb,  of  Delaware.  Appointed  8th  August,  1831,  in  recess 
of  the  Senate.  Nomination  confirmed  and  appointed  13th  January, 
1832. 

William  J.  Duane,  of  Pennsylvania.  Appointed  29th  May,  1833,  in 
recess  of  the  Senate. 

Roger  B.  Taney,  of  Maryland.  Appointed  23d  September,  1833,  in 
recess  of  the  Senate. 

Levi  Woodbury,  of  New  Hampshire.     Appointed  27th  June,  1834. 

Thomas  Ewino,  of  Ohio.     Appointed  5th  March,  1841.     Resigned. 

Walter  Forward,  of  Pennsylvania.  Appointed  13th  September, 
1841. 

John  C.  Spencer,  of  New  York.    Appointed  3d  March,  1843. 

George  M.  Bibb,  of  Kentucky.     Appointed  15th  June,  1844. 

Robert  J.  Walker,  of  Mississippi.     Appointed  5th  March,  1845. 

William  Morris  Meredith,  of  Pennsylvania.  Appointed  7th  March, 
1849.     Resigned. 

Thomas  Corwin,  of  Ohio.     Appointed  20th  June,  1850. 

James  Guthrie,  of  Kentucky.     Appointed  March  7th,  1853. 

§  482.  The  Department  of  the  Navy  was  organized  by 
act  of  Congress,  April  30,  1798.  The  Secretary  of  the 
Navy  executes  all  such  orders  as  he  shall  receive  from  the 
President,  relative  to  procuring  naval  stores  and  materials, 
and  the  construction,  equipment,  and  employment  of  ves- 
sels of  war,  as  well  as  all  other  matters  connected  with  tlie 
naval  establishment  of  the  United  States.  His  salary  is 
$8000.  Prior  to  the  organization  of  the  Navy  Depart 
ment,  all  matters  and  things  relative  to  the  naval  force  of 
the  United  States  were  confided  to  the  Secretary  of  the 
War  Department. 

§  483.  By  act  of  Congress  of  August  21,  1842)  reor- 


THE  EXECUTIVE  DEPARTMENTS.        '  197 

ganizing  the  navy  department,  the  following  bureaus  were 
created  within  that  department,  among  which  its  various 
duties  are  assigned  and  distributed  by  the  Secretary. 

(1.)  A  bureau  of  navy-yards  and  docks. 

(2.)  A  bureau  of  construction,  equipment,  and  repair. 

(3.)  A  bureau  of  provisions  and  clothing. 

(4.)  A  bureau  of  ordnance  and  hydrography. 

(5.)  A  bureau  of  medicine  and  surgery. 

§  484.  The  first  officer  in  each  of  these  bureaus  is  termed 
the  chief  of  the  bureau,  and  is  appointed  by  the  President ; 
the  clerks  in  the  bureaus  are  appointed  by  the  Secretary 
of  the  Navy.  All  the  duties  of  the  bureaus  are  performed 
under  the  authority  of  the  Secretary  of  the  Navy,  and 
their  orders  and  decisions  are  considered  as  emanating 
from  him,  and  have  force  and  effect  as  such. 

§  485.  The  following  is  a  list  of  the  Secretaries  of  the 
Navy: — 

George  Cabot,  of  Massachusetts.     Appointed  3d  May,  1798. 

Benjamin  Stoddert,  of  Maryland.  Appointed  2l8t  May,  1798.  Re- 
signed. 

Robert  Smith,  of  Maryland.  Appointed  15th  July,  1801,  in  recess 
of  the  Senate.  Nomination  confirmed  and  appointed  26th  January, 
1802.     Appointed  Attorney-General  2d  March,  1805. 

Jacob  Crowninshield,  of  Massachusetts.    Appointed  2d  March,  1805. 

Paul  Hamilton,  of  South  Carolina.  Appointed  7th  March,  1809. 
Resigned. 

William  Jones,  of  Pennsylvania.  Appointed  12th  January,  1813 
Resigned. 

Benjamin  W.  Crowninshield,  of  Massachusetts.  Appointed  17th 
December,  1814. 

Smith  Thompson,  of  New  York.  Appointed  9th  November,  1818,  in 
recess  of  the  Senate.  Nomination  confirmed  and  appointed  30th  No- 
vember, 1818.     Resigned. 

John  Romers.  Appointed  Ist  September,  1823,  in  recess  of  the 
Senate. 

Samuel  L   Southard,  of  New  Jersey.     Appoint?  i  16th  September, 

17* 


198  CONSTITUTIONAL-  TEXT-BOOK. 

1823,  in  recess  of  the  Senate.  Nomination  confirmed  and  appointed  I'tb 
December,  1823. 

John  Branch,  of  North  Carolina.  Appointed  9th  March,  1829.  Re- 
signed. 

Levi  Woodbury,  of  New  Hampsliire.  Appointed  23d  May,  1831, 
in  recess  of  the  Senate.  Nomination  confirmed  and  appointed  27  th 
December,  1831.     Resigned. 

Mahlon  Dickers  on,  of  New  Jersey.  Appointed  30th  June,  1834. 
Resigned. 

James  K.  Paulding,  of  New  York.     Appointed  20th  June,  1838. 

Geobge  E.  Badger,  of  North  Carolina.  Appointed  5th  March,  1841. 
Resigned. 

Abel  P.  Upshur,  of  Virginia.     Appointed  13th  September,  1841. 

David  Henshaw,  of  Massachusetts.  Appointed  24th  July,  1843,  in 
recess  of  the  Senate,  and  served  until  15th  January,  1844. 

Thomas  W.  Gilmer,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 15th  February,  1844. 

John  Y.  Mason,  of  Virginia.  Appointed  14th  March,  1844.  Ap- 
pointed Attorney-General  5th  March,  1846. 

George  Bancroft,  of  Massachusetts.  Appointed  lOth  March,  1845. 
Resigned. 

John  Y.  Mason,  of  Virginia.  Appointed  9th  September,  1846,  in 
recess  of  the  Senate.  Nomination  confirmed  and  appointed  17th  De- 
cember, 1846. 

William  Ballard  Preston,  of  Virginia.  Appointed  7th  March,  1849. 
Resigned. 

William  A.  Graham,  of  North  Carolina.  Appointed  20th  July,  1850. 
Resigned. 

John  P.  Kennedy,  of  Maryland.     Appointed  22d  July,  1852. 

James  C.  Dobbin,  of  North  Carolina.     Appointed  March  7th  1853. 

§  486.  The  Post-OflSce  Department,  under  the  Constitu- 
tion, was  established  September  22,  1789.  A  line  of  posts 
from  Falmouth,  in  New  England,  to  Savannah,  in  Georgia, 
with  cross-posts,  had  been  established  by-  the  Continental 
Congress  as  early  as  the  year  1775,  under  the  direction  of 
a  Postmaster-General.  The  duties  of  the  Postmaster- 
General  are  to  establish  and  superintend  post-offices ;  ap- 
point postmasters  and  other  persons  employed  in  the  mail 


THE  EXECUTIVE  DEPARTMENTS.         199 

service  ;  and  provide  for  carrying  the  mail.  His  salarj  ia 
$8000. 

§487.  The  Postmaster-General  is  aided  in  the  discharge 
of  his  duties  by  three  Assistant  Postmasters-General,  ap- 
pointed by  himself.  He  has  the  sole  appointment  of  all 
pvistmasters  throughout  the  United  States,  whose  commis- 
sions are  less  than  $1000  a  year;  those  whose  commissions 
yield  more  than  that  sum,  are  appointed  by  the  President, 
with  the  advice  and  consent  of  the  Senate.  In  case  of  the 
death,  resignation,  or  absence  of  the  Postmaster-General, 
all  his  powers  and  duties  devolve  on  the  first  assistant. 

§488.  Once  in  three  months,  the  Postmaster-General 
renders  to  the  Secretary  of  the  Treasury  a  quarterly 
account  of  all  the  receipts  and  expenditures  in  his  depart- 
ment, to  be  adjusted  and  settled  as  other  public  accounts, 
and  the  revenue  arising  from  his  department  is  paid  into 
the  Treasury  of  the  United  States.  For  a  long  period  the 
Postmaster-General  was  not  regarded  as  a  member  of  the 
President's  Cabinet,  but  in  the  opening  of  Jackson's  ad- 
ministration the  Postmaster-General  was  called  to  the  same 
duties  as  a  cabinet  counsellor  of  the  President,  which  had 
previously  been  discharged  by  the  secretaries  of  the  other 
departments. 

§489.  The  Postmaster-General,  and  all  other  persons 
employed  in  the  general  post-office,  or  in  the  care,  custody, 
or  conveyance  of  the  mail,  are  required,  previous  to  enter- 
ing upon  their  duties,  to  take  and  subscribe  an  oath,  faith- 
fully to  perform  the  duties  required  of  them,  and  to  abstain 
from  every  thing,  forbidden  by  the  laws  in  relation  to  the 
establishment  of  post-offices  and  post-roads.  The  deputy 
postmasters  in  the  various  cities,  towns,  and  villages 
throughout  the  United  States,  are  required- to  give  bonds 
to  secure  the  faithful  discharge  of  their  duties. 


200  CONSTITUTIONAL   TEXT-BOOK. 

§  490.  The  following  is  a  list  of  the  Postmasters-Gene 
ral:— 

Samuel  Osgood,  of  Massachusetts.  Appointed  26th  September,  1789. 
Resigned. 

Timothy  Pickering,  of  Pennsylvania.  Appointed  12th  August,  1791, 
m  the  recess  of  the  Senate.  Nomination  confirmed  and  appointed  7th 
Nf>vember,  1791.     Appointed  Secretary  of  War  2d  January,  1795. 

Joseph  Habersham,  of  Georgia.  Appointed  25th  February,  1795. 
Resigned. 

Gideon  Granger,  of  Connecticut.  Appointed  28th  November,  1801, 
in  recess  of  the  Senate.  Nomination  confirmed  and  appointed  26th 
January,  1802. 

Return  Jonathan  Meigs,  Jr.,  (Governor  of  Ohio.)  Appointed  17th 
March,  1814,     Resigned. 

John  McLean,  of  Ohio.  Appointed  26th  June,  1823,  in  recess  of  the 
Senate.     Nomination  confirmed  and  appointed  9th  December,  1823. 

William  T.  Barry,  of  Kentucky.     Appointed  9th  March,  1829. 

Amos  Kendall,  of  Kentucky.  Appointed  1st  May,  1835,  in  the  re- 
cess of  the  Senate.  Nomination  confirmed  and  appointed  15th  March, 
1836. 

John  M.  Niles,  of  Connecticut.     Appointed  18th  May,  1840, 

Francis  Granger,  of  New  York.  Appointed  6th  March,  1841.  Re- 
signed. 

Charles  A.  Wickliffe,  of  Kentucky.  Appointed  13th  September, 
1841.     Resigned. 

Cave  Johnson,  of  Tennessee.     Appointed  5th  March,  1845. 

Jacob  Collamer,  of  Vermont.  Appointed  7th  March,  1849.  Re- 
signed. 

Nathan  K.  Hall,  of  New  York.  Appointed  20th  July,  1850.  Re- 
signed. 

Samuel  D.  Hubbard,  of  Connecticut.     Appointed  31st  August,  !852. 

James  Campbell,  of  Pennsylvania.    Appointed  March  7th,  185S, 

§491.  By  an  act  of  Congress,  approved  March  3,  1849, 
a  new  department  was  created,  called  the  Department  of 
the  Interior,  to  which  were  assigned  certain  matters  which 
had  previously  appertained  to  the  Department  of  State,  of 
War,  of  Treasury,  or  of  Navy. 

§  492.  The  Secretary  of  the  Interior  has  supervision  of 


THE  EXECUTIVE  DEPARTMENTS.         201 

the  patent  office;  the  general  land  office;  the  accounts  of 
officers  of  the  courts  of  the  United  States ;  Indian  affairs  ; 
the  pension  office  ;  the  census  office ;  mines ;  and  the  pub- 
lic buildings.     Salary  $8000. 

§  403.  The  bureaus  connected  with  this  department  are 
tlie  land  office,  the  chief  officer  of  which  is  termed  the 
.Commissioner  of  the  General  Land  Office;  the  patent 
office,  the  chief  officer  of  which  is  the  Commissioner  of 
Patents ;  the  Indian  office,  the  chief  officer  of  which  is  the 
Commissioner  of  Indian  Affairs;  the  pension  office,  the 
chief  officer  of  which  is  the  Coi^missioner  of  Pensions ; 
and  the  census  bureau,  the  chief  officer  of  which  is  the 
Superintendent  of  Census. 

§  494.  The  care  of  the  Capitol,  the  President's  house 
and  grounds,  and  the  bridges  and  buildings  of  a  public 
character  erected  by  Congress  in  the  District  of  Columbia, 
belongs  to  this  department. 

§  495.  List  of  Secretaries  of  the  Interior  since  the  organ- 
ization of  the  department : — 

Thomas  Ewino,  of  Ohio.     Appointed  7th  March,  1849.     Resigned. 

Thomas  M.  T.  McKennan,  of  Pennsylvania.  Appointed  15th  Au- 
gust, 1850.     Resigned. 

Alexander  H.  H.  Stuaet,  of  Virginia.  Appointed  12th  September, 
1850. 

Robert  McClelland,  of  Michigan.     Appointed  March  7th,  1853 

§496.  An  act  of  Congress  of  September  24,  1789, 
made  provision  for  an  Attorney-General,  whose  duty  should 
be  to  prosecute  and  conduct  all  suits  in  the  Supreme  Court 
of  the  United  States,  in  which  the  United  States  shall  be 
concerned,  and  to  give  his  advice  and  opinion  upon  ques- 
tions of  law,  when  required  by  the  President,  or  when 
requested  by  the  heads  of  any  of  the  departments  in  mat- 
ters which  concern  their  departments.     He   also  advises 


202  CONSTITUTIONAL   TEXT-BOOK. 

with  and  directs  the  solicitor  of  the  treasury  as  to 
suits  in  which  the  United  States  are  concerned,  pending 
in  the  inferior  courts  of  the  United  States,  and  he  directs 
and  prosecutes  appeals  to  the  Supreme  Court  of  the 
United  States,  in  suits  involving  title  to  land  in  the  new 
territories  acquired  by  the  United  States. 

§  497.  He  also  examines  the  title  to  all  lands  purchased 
by  the  United  States  for  the  purpose  of  erecting  thereon 
armories,  arsenals,  forts,  navy-yards,  custom-houses,  lights 
houses,  or  other  public  buildings ;  and  without  his  certifi- 
cate of  the  validity  of  the  title,  no  public  money  can  be 
expended  in  such  purchases.  It  is  not  his  duty  to  give 
official  opinions  to  the  Senate  or  House  of  Representatives. 
His  salary  is  $8000. 

§  498.  The  act  above  referred  to,  does  not  declare  what 
effect  shall  be  attributed  to  the  advice  and  opinion  of  the 
Attorney-General  when  given  to  the  President,  or  the  head 
of  a  department ;  but  it  is  believed  that  the  practice  of 
the  government  has  almost  invariably  been  to  follow  it. 

§  499.  The  following  is  a  list  of  the  Attorneys-General 
of  the  United  States : — 

Edmund  Randolph,  of  Virginia.  Appointed  26th  September,  1789, 
Appointed  Secretary  of  State  2d  January,  1794. 

William  Bradford,  of  Pennsylvania.  Appointed  28th  January, 
1794. 

Charles  Lee,  of  Virginia.     Appointed  10th  December,  1795. 

Levi  Lincoln,  of  Massachusetts.  Appointed  5th  March,  1801  Re- 
signed in  1805. 

Robert  Smith,  of  Maryland.     Appointed  2d  March,  1805. 

John  Breckenridge,  of  Kentucky.     Appointed  23d  December,  1805. 

Cmsar  a.  Rodney,  of  Delaware.  Appointed  20th  January,  1807 
Resigned. 

William  Pinknet,  of  Maryland.     Appointed  11th  December,  1811. 

Richard  Rush,  of  Pennsylvania.     Appointed  lOth  February   1814. 

William  Wirt,  of  Virginia.      Appointed  13th  November,   1817,   in 


THE  EXECUTIVE  DEPARTMENTS.  203 

recess  of  tbe  Senate.  Nomination  confirmed  and  appointed  15th  De- 
cember, 1817. 

JoHK  Macpherson  Bereien,  of  Georgia.  Appointed  9th  March, 
1829.     Resigned. 

Roger  B.  Tanet,  of  Maryland.  Appointed  20th  July,  1831,  in  the 
recess  of  the  Senate.  Nomination  confirmed  and  appointed  27th  De- 
cember, 1831. 

Benjamin  F.  Butleb,  of  New  York.  Appointed  15th  November, 
1833,  in  the  recess  of  the  Senate.  Nomination  confirmed  and  ap- 
pointed 24th  June,  1834.     Resigned. 

Felix  Grundy,  of  Tennessee.     Appointed  7th  July,  1838.     Resigned. 

Henry  D.  Gilpin,  of  Pennsylvania.     Appointed  10th  January,  1840. 

John  J.  Crittenden,  of  Kentucky.  Appointed  6th  March,  1841. 
Resigned. 

Hugh  S.  Legabe,  of  South  Carolina.    Appointed  13th  September,  1841. 

John  Nelson,  of  Maryland.  Appointed  1st  July,  1843,  in  the  recess 
of  the  Senate.  Nomination  confirmed  and  appointed  2d  January,  1844. 
Resigned. 

John  Y.  Mason,  of  Virginia.  Appointed  5th  March,  1845.  Resigned 
Appointed  Secretary  of  the  Navy  9th  September,  1846. 

Nathan  Clifford,  of  Maine.  Appointed  17th  October,  1846,  in  the 
recess  of  the  Senate.  Nomination  confirmed  and  appointed  23d  De- 
cember, 1846. 

Isaao  Toucey,  of  Connecticut.     Appointed  2l8t  June,  1848. 

Bevebdy  Johnson,  of  Maryland.  Appointed  7th  March,  1849. 
Resigned. 

John  J.  Crittenden,  of  Kentucky.     Appointed  20th  July,  1850. 

Caleb  Cushinq,  of  Massachusetts.     Appointed  March  7,  1853. 

§  500.  These  departments  employ  a  large  number  of 
clerks.  By  an  act  of  March  3,  1791,  every  clerk  and 
other  officer  appointed  in  any  of  the  departments,  before 
entering  on  the  duties  of  the  appointment,  must  take  an 
oath  or  affirmation  before  one  of  the  justices  of  the  Su- 
preme Court,  or  one  of  the  judges  of  a  district  court  of  the 
United  States,  to  support  the  Constitution  of  the  United 
States,  and  well  and  faithfully  to  execute  the  trust  com- 
nitted  to  him. 
§  501.  By  an  act  passed  March  3,  1853,  and  its  supple- 


204  CONSTITUTIONAL    TEXT-BOOK. 

ments,  the  clerks  in  the  Departments  of  the  Treasury,  War, 
Navy,  the  Interior,  and  the  Post-Office,  were  arranged  in 
four  classes*  The  clerks  in  class  number  one  receive  an 
annual  salary  of  $1200  each ;  those  in  class  number  two, 
$1400  each  ;  those  in  class  number  three,  $1600  each ; 
those  in  class  number  four,  $1800  each. 

§  502.  No  clerk  can  be  appointed  into  either  of  the  fom 
classes  until  after  he  has  been  examined  and  found  quali* 
fied,  by  a  board  to  consist  of  three  examiners,  one  of  them 
to  be  the  chief  of  the  bureau  or  office  into  which  he  is  to 
be  appointed,  and  the  two  others  to  be  selected  by  the 
head  of  the  department  to  which  the  clerk  is  to  be  assigned. 
The  same  act  distributed  a  certain  number  of  clerks,  of  the 
different  classes,  among  the  various  departments,  as  the 
whole  permanent  clerical  force  of  such  departments. 

§  503.  Various  laws  have  been  passed  by  Congress  for 
the  purpose  of  securing,  as  far  as  possible,  honesty  and 
integrity  in  the  persons  connected  with  these  departments 
of  the  government.  Any  officer  of  the  United  States,  or 
person  holding  any  place  of  trust  or  profit  under  or  in 
connection  with  any  executive  department  of  the  govern- 
ment, or  under  the  Senate  or  House  of  Representatives, 
or  any  senator  or  representative,  who  shall  act  as  agent 
or  attorney  for  prosecuting  any  claim  against  the  United 
States,  or  aid  or  assist  in  the  prosecution  of  any  claim,  oi 
receive  any  share  of  a  claim  for  having  aided  in  its  prose- 
cution, is,  by  an  act  of  February  26,  1853,  made  liable  to 
indictment,  and  upon  conviction  may  be  sentenced  to  pay 
a  fine  not  exceeding  $5000,  or  suffer  imprisonment  in  the 
penitentiary  not  exceeding  one  year,  or  both,  as  the  court 
in  its  discretion  shall  adjudge. 

§  504.  The  same  act  prohibits  bribery,  or  the  undue 
influencing  of  members  of  Congress,  or  any  person  hold- 


THE  EXECUTIVE  DEPARTMENTS.         205 

ing  any  office  of  trust  or  profit  in  connection  witii  any 
department  of  the  government,  or  under  the  Senate  and 
House  of  Representatives.  The  person  giving  and  the 
person  receiving  the  bribe,  are  each  liable  to  indictment  as 
for  a  high  crime  and  misdemeanor,  and  upon  conviction 
may  be  punished  by  fine  or  imprisonment ;  and  the  person 
receiving,  if  an  officer,  is  also  forever  disqualified  from 
holding  any  office  of  honour,  trust,  or  profit  under  the 
United  States. 

§505.  An  act  of  Congress,  passed  August  23,  1842, 
declares  that  no  officer  in  any  branch  of  the  public  service, 
or  any  other  person  whose  salary,  pay,  or  emoluments  is, 
or  are,  fixed  by  law  or  regulations,  shall  receive  any  addi- 
tional pay  or  extra  allowance  or  compensation  whatever,  for 
any  other  service  or  duty,  unless  the  same  shall  be  authoi- 
ized  by  law,  and  the  appropriation  explicitly  set  forth  that 
it  IS  for  puch  additional  pay,  extra  allowance,  or  compen- 
sation. 


1« 


206  CONSTITUTIONAL   TEXT-BOOK. 


CHAPTER  XIII. 

THE   JUDICIAL   POWER. 
ARTICLE  in. 

Article  I.  as  we  have  seen,  treats  of  the  legislative 
department,  and  Article  II.  of  the  executive  department. 
We  now  enter  upon  Article  III.,  which  treats  of  the  judi- 
cial department. 

"Article  III.  Section.  1.  The  judicial  Power  of  the 
United  States,  shall  be  vested  in  one  supreme  Court,  and 
in  such  inferior  Courts  as  the  Congress  may  from  time  to 
time  ordain  and  establish.  The  Judges,  both  of  the  su- 
preme and  inferior  Courts,  shall  hold  their  Offices  during 
good  Behavior,  and  shall,  at  stated  Times,  receive  for  their 
Services,  a  Compensation  which  shall  not  be  diminished 
during  their  Continuance  in  Office." 

§  506.  Prior  to  the  adoption  of  the  present  constitution, 
the  people  of  the  United  States,  had  not  any  national  tri- 
bunal to  which  they  could  resort  for  justice.  The  adminis- 
tration of  justice  was  confined  to  the  State  courts,  in  which 
the  people  of  other  States  had  no  participation,  and  over 
which  they  had  no  control.  There  was  then  no  general 
court  of  appellate  jurisdiction,  by  which  the  errors  of 
State  courts,  affecting  either  the  nation  at  large  or  the 
citizens  of  any  other  State,  could  be  revised  and  cor. 
rected. 


THE   JUDICIAL    POWER.  207 

§  507.  When  laws  became  necessary  to  secure  the  inte- 
rests of  the  confederacy,  under  the  Articles  of  Confedera- 
tion, and  to  exact  obedience  and  punish  disobedience  by 
fines  or  otherwise,  Congress  was  obliged  to  request  the 
Statfe  legislatures  to  pass  and  enforce  such  laws.  This 
was  among  the  evils  against  which  the  people  of  the  United 
States  thought  proper  to  provide  by  a  national  judiciary. 
Hence  one  of  the  objects  of  the  new  Constitution  is  stated 
in  the  preamble,  to  be  ''to  establish  justice." 

§  508.  The  Constitution  itself  establishes  one  Supreme 
Court,  but  it  leaves  the  establishipent  of  inferior  tribunals 
to  Congress. 

§509.  By  Art.  11.  sec.  2,  clause  2,  the  President  is 
authorized  to  nominate,  and,  by  and  with  the  consent  of 
the  Senate,  appoint  judges  of  the  Supreme  Court.  The 
appointment  of  the  judges  of  the  inferior  courts  is  also 
vested  in  the  President  by  virtue  of  his  authority  to  ap- 
point all  officers  of  the  United  States,  whose  appointments 
are  not  by  the  Constitution  otherwise  provided  for. 

§510.  The  judges,  both  of  the  supreme  and  inferior 
conrts,  hold  their  office,  not  necessarily  for  life,  or  for  a 
definite  term  of  years,  but  during  good  behaviour,  and 
their  compensation  cannot  be  diminished  during  their  con- 
tinuance in  office.  The  main  object  of  these  provisions  is 
to  make  the  judiciary  independent  of  the  other  depart- 
ments of  the  government,  in  order  to  insure  boldness  and 
honesty  in  the  discharge  of  their  duties.  ,  Nor,  for  the 
same  reason,  can  the  judges  be  removed  from  office  by 
Congress  or  the  President,  except  upon  impeachment  and 
conviction  for  treason,  bribery,  and  other  high  crimes  and 
misdemeanors. 

§  511.  Though  the  salary  of  the  judges  cannot  be  di- 
minished, it  may  be  increased,  during  their  continuance  in 


208  CONSTITUTIONAL   TEXT-BOOK. 

office.  If  there  was  no  power  to  increase  their  pay,  ac- 
cording to  the  increase  of  business,  during  the  life  of  the 
judges,  it  might  happen  that  their  compensation  wouhl 
become  wholly  inadequate  to  the  additional  amount  of 
labour. 

§  512.  The  Supreme  Court  of  the  United  States  is  com- 
posed of  one  chief  justice  and  eight  associate  justices,  and 
holds,  at  the  city  of  Washington,  one  session  annually,  com- 
mencing on  the  first  Monday  of  December.  Any  five  of 
the  justices  constitute  a  quorum.  The  associates  take  pre- 
cedence according  to  the  date  of  their  commissions,  or, 
where  they  bear  date  on  the  same  day,  according  to  their 
dges. 

The  salary  of  the  chief  justice  is  $6500  a  year;  of  each 
of  the  associate  justices,  $6000. 

The  following  is  a  list  of  the  chief  justices  of  the  Su- 
preme Court  of  the  United  States  : — 

John  Jay,  of  New  York.  Appointed  26th  September,  1789.  Re- 
signed. 

John  Rutledge,  of  South  Carolina.  Appointed  1st  July,  1795,  in 
recess  of  the  Senate.     Rejected  by  the  Senate  15th  December,  1795^ 

Oliver  Ellsworth,  of  Connecticut.  Appointed  4th  March,  1796. 
Resigned. 

John  Marshall,  of  Virginia.  (Secretary  of  State.)  A.ppoin ted  31st 
January,  1801. 

Roger  B.  Taney,  of  Maryland.     Appointed  15th  March,  1836. 

The  following  is  a  list  of  the  present  associate  justices 
of  the  Supreme  Court : — 

John  McLean,  of  Ohio.     Appointed  March  7,  1829. 
James  M.  Wayne,  of  Georgia.     Appointed  January  9,  1835. 
John  Catron,  of  Tennessee.     Appointed  March  8,  1837. 
Peter  V.  Daniel,  of  Virginia.     Appointed  March  3,  1841. 
Samuel  Nelson,  of  New  York.     Appointed  February  14,  1845. 
■EoEERT  C.  Grier,  of  Pennsylvania.     Appointed  August  4,  1846. 


THE   JUDICIAL    POWER.  209 

Benjamin  Robbins  Curtis,  of  Massachusetts.     Appointed  December 
20,  1851. 
John  A.  Campbell,  of  Alabama.     Appointed  March  22,  1853. 

§  513.  In  addition  to  the  Supreme  Court,  Congress, 
under  the  authority  given  to  establish  inferior  courts,  has 
established  Circuit  Courts  and  District  Courts.  The  United 
States  are  divided  into  nine  circuits,  one  circuit  for  each 
of  the  judges  of  the  Supreme  Court.  In  each  of  these 
circuits  a  Circuit  Court  is  held,  which  is  composed  of  the 
judge  of  the  Supreme  Court  for  that  circuit,  and  the  dis- 
trict judge  for  that  district.  The  Circuit  Court  is  held  in 
each  circuit  twice  every  year. 

'  §  514.  In  addition  to  the  division  of  the  United  States 
into  circuits,  the  States  ar^e  also,  by  act  of  Congress,  di- 
vided into  districts,  and  a  court  established  in  every  dis- 
trict, called  the  District  Court  of  the  United  States  ;  each 
State  generally  forms  one  district,  though  some  of  the 
larger  States  are  divided  into  two  or  more  districts. 

§  515.  Each  court  has  a  clerk  appointed  by  the  judge. 
In  each  district  there  is  ^n  officer  called  a  marshal,  who  is 
appointed  by  the  President  and  Senate  for  four  years,  but 
removable  by  the  President.  He  attends  the  District  and 
Circuit  Courts,  and  executes  within  his  district  all  their 
writs.  He  is  the  ministerial  officer  of  the  court,  and  his 
duties  correspond  generally  to  those  of  a  sheriiF.  He 
gives  bond  with  sureties  for  the  performance  of  his  duties. 
He  appoints  deputies,  who  are  also  officers  of  the  court, 
and  responsible  as  such.  -In  each  district  there  is  like- 
wise a  District  Attorney  of  the  United  States,  who  insti- 
tutes suits  for  the  United  States,  and  conducts  the  prose- 
cution and  trial  of  all  indictments. 

§  516.  The  fees  and  costs  to  be  allowed  to  clerks,  mar- 
ahalls,  and  attorneys  of  the  Circuit  and  District  Courts  of 

18* 


210  CONSTITUTIONAL   TEXT-BOOK. 

the  CJnited  States,  are  regulated  by  act  of  Congress,  and 
any  officer  wilfully  or  corruptly  receiving  other  or  greater 
fees  than  those  allowed  by  the  act,  is  liable  to  line  and 
imprisonment. 

§  517.  By  the  original  jurisdiction  of  a  court,  is  meant 
that  jurisdiction  which  is  conferred  upon  a  court  in  the 
first  instance  ;  appellate  jurisdiction  is  exercised  by  a  court 
to  which  an  appeal  is  taken  from  the  judgment  of  another 
court.  Jurisdiction  is  also  concurrent  or  exclusive.  It  is 
concurrent  when  it  may  be  exercised  by  either  one  of  two 
or  more  courts  ;  it  is  exclusive  when  it  can  be  exercised 
only  by  one  court. 

§  518.  The  Circuit  Courts  have  original  jurisdiction  of 
all  suits  of  a  civil  nature  where  the  matter  in  dispute  ex- 
ceeds $500  exclusive  of  costs,  brought  by  the  United 
States,  or  where  an  alien  is  a  party,  or  where  the  suit  is 
between  a  citizen  of  the  State  where  the  suit  is  brought, 
and  a  citizen  of  another  State.  It  has  also  jurisdiction  in 
cases  arising  under  the  revenue  laws  of  the  United  States, 
and  the  laws  relating  to  copyrights,  and  to  patents  for 
inventions  and  discoveries. 

§  519.  The  District  Courts  have  jurisdiction,  among  other 
natters,  of  certain  minor  crimes  and  offences  committed 
(vithin  their  respective  districts,  or  on  the  high  seas  ;  of 
admiralty  and  maritime  cases ;  of  seizures  under  the  trade 
laws,  and  of  penalties  and  forfeitures  incurred  under  those 
laws. 

An  appeal  may  be  taken  from  the  District  Court  to  the 
Circuit  Court,  where  the  matter  in  dispute,  exclusive  of 
eosts,  exceeds  the  sum  or  value  of  fifty  dollars. 

Section.  2.  [Clause  1.]  "  The  judicial  Power  shall  ex- 
pend to  all  Cases,  in  Law  and  Equity,  arising  under  this 


THE   JUDICIAL   POWER.  211 

Constitution,  the  Laws  of  the  United  States,  and  Trea- 
ties made,  or  which  shall  be  made,  under  their  Authority ; 
— to  all  Cases  affecting  Ambassadors,  other  public  Minis- 
tors  and  Consuls ; — to  all  Cases  of  admiralty  and  mari- 
time Jurisdiction  ; — to  Controversies  to  which  the  United 
States  shall  be  a  Party; — to  Controversies  between  two 
or  more  States ; — between  a  State  and  Citizens  of  another 
State; — between  Citizens  of  different  States, — between 
Citizens  of  the  same  State  claiming  Lands  under  Grants 
of  different  States,  and  between  a  State,  or  the  Citizens 
thereof,  and  foreign  States,  Citizens  or  Subjects.*' 

§  520.  This  clause  enumerates  in  detail  the  subjects  over 
which  the  courts  of  the  United  States  have  jurisdiction. 
They  are  as  follows : 

(1.)  All  cases  in  law  and  equity  arising  under  the  Con- 
stitution, the  laws  of  the  United  States,  and  treaties  made, 
or  which  shall  be  made,  under  their  authority. 

(2.)  All  cases  affecting  ambassadors,  other  public  minis- 
ters, and  consuls. 

(3.)  All  cases  of  admiralty  and  maritime  jurisdiction. 

(4.)  Controversies  to  which  the  United  States  shall  be 
a  party. 

(5.)  Controversies  between  two  or  more  States. 

(6.)  Controversies  between  a  State  and  citizens  of  an- 
other State. 

(7.)  Controversies  between  citizens  of  different  States. 

(8.)  Controversies  between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States. 

(9.)  Controversies  between  a  State,  or  the  citizens 
thereof,  and  foreign  States,  citizens,  or  subjects. 


212  CONSTITUTIONAL   TEXT-BOOK. 

§  521.  The  above  clause,  it  will  be  seen,  extends  the  judi- 
cial power  of  the  United  States  to  controversies  between  a 
State  and  citizens  of  another  State.  Shortly  after  the 
adoption  of  the  Constitution,  there  was  much  discussion 
whether  this  included  suits  by  an  individual  against  a 
State,  as  well  as  suits  by  a  State  against  an  individual. 
The  Supreme  Court  decided  that  both  classes  of  suits 
were  equally  included  within  the  language  of  the  Consti- 
tution. 

§  522.  The  States  were  dissatisfied  with  this  construc- 
tion of  the  Constitution;  they  were  unwilling  to  be  sub- 
jected to  lawsuits  by  the  citizens  of  other  States,  deeming 
it  an  attribute  of  their  sovereignty  as  States,  that  they 
could  not  be  sued  without  their  consent.  Accordingly  an 
amendment  to  the  Constitution  in  this  respect,  was  proposed 
by  the  third  Congress,  to  the  legislatures  of  the  States,  and 
on  the  8th  of  January,  1798,  President  Adams  communi- 
cated to  Congress,  by  message,  that  the  amendment  had 
been  adopted  by  three-fourths  of  the  States,  and  it  then 
became  a  part  of  the  Constitution. 

§  523.  The  amendment  constitutes  the  eleventh  in  the 
series  of  amendments,  and  is  as  follows : — 

"  The  Judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  com- 
menced or  prosecuted  against  one  of  the  United  States  by 
Citizens  of  another  State,  or  by  Citizens  or  Subjects  of 
any  Foreign  State." 

§52i.  It  provides  that  the  judicial  power  of  the  United 
States  shall  not  extend  to  any  suit  in  law  or  equity  prose- 
cuted against  one  of  the  United  States  by  citizens  of^  ano- 
ther State,  or  by  citizens  or  subjects  of  a  foreign  State. 


THE   JUDICIAL   POWER.  213 

The  prohibition  applies  only  to  citizens  or  subjects,  and 
does  not  extend  to  suits  by  a  State,  or  by  a  foreign  State, 
against  one  of  the  United  States.  Such  suits  may  be 
maintained. 

[Clause  2.]  "  In  all  Cases  affecting  Ambassadors,  other 
public  Ministers  and  Consuls,  and  those  in  which  a  State 
shall  be  Party,  the  supreme  Court  shall  have  original  Ju- 
risdiction. In  all  the  other  Cases  before  mentioned,  the 
supreme  Court  shall  have  appellate  Jurisdiction,  both  as 
to  Law  and  Fact,  with  such  Exceptions,  and  under  such 
Regulations  as  the  Congress  shall  make." 

§  525.  In  some  of  the  cases  enumerated  in  the  preced- 
ing clause,  as  in  those  affecting  ambassadors,  other  public 
ministers,  and  consuls,  and  those  in  which  a  State  shall  be 
a  party,  the  Supreme  Court  has  original  jurisdiction,  by 
which,  as  we  have  seen,  is  meant  that  those  cases  may 
originally,  or  in  the  first  instance,  be  brought  in  the  Su- 
-preme  Court. 

§  526.  In  all  the  other  cases,  the  Supreme  Court  has 
appellate  jurisdiction,  by  which  is  meant,  that  those  cases 
must  first  be  brought  in  the  Circuit  Court,  District  Court, 
or  such  other  inferior  court  as  Congress  shall  establish, 
and  may  then  be  carried  up  to  the  Supreme  Court,  in  oider 
to  have  the  judgment  of  the  inferior  court  reversed  if  it  be 
erroneous.  But  the  judgment  of  a  Circuit  Court  cannot 
be  brought  into  the  Supreme  Court  to  be  examined  and  re- 
versed or  affirmed,  unless  the  matter  in  dispute  exceeds 
two  thousand  dollars,  exclusive  of  costs. 

§  527.  A  final  judgment  or  decree  in  any  suit  in  the 
highest   court  of  a  State,  may,  by  act   of   Congress,  be 


214  CONSTITUTIONAL   TEXT-BOOK. 

brought  up  to  the  Supreme  Court  of  the  United  States, 
only  in  three  cases: 

(1.)  Where  the  validity  of  a  treaty,  or  statute  of,  or 
authority  exercised  under  the  United  States,  was  drawn  in 
question  in  the  State  Court,  and  the  decision  was  against 
its  validity. 

(2.)  Where  the  validity  of  any  State  authority  was 
drawn  in  question,  on  the  ground  of  its  being  contrary  to 
the  Constitution,  treaties,  or  laws  of  the  United  States, 
and  the  decision  was  in  favour  of  its  validity. 

(3.)  Where  the  construction  of  any  clause  of  the  Con- 
stitution, or  of  a  treaty  or  statute  of,  or  commission  held 
under  the  United  States,  was  drawn  in  question,  and  the 
decision  was  against  the  title  or  right  claimed  under  the 
authority  of  the  United  States. 

§  528.  By  an  act  approved  February  24, 1855,  Congress 
established  a  court,  called  the  Court  of  Claims,  consisting 
of  three  judges,  appointed  by  the  President  with  the  ad- 
vice and  consent  of  the  Senate,  to  hold  their  oflSce  during 
good  behaviour.  It  is  the  duty  of  this  court  to  hear  and 
determine  all  claims  founded  upon  any  law  of  Congress,  or 
upon  any  regulation  of  an  executive  department,  or  upon 
any  contract  express  or  implied,  with  the  government  of 
the  United  States,  which  may  be  suggested  to  it  by  a 
petition  filed  therein ;  and  also  all  claims  which  may  be 
referred  to  the  court  by  either  House  of  Congress.  An 
officer,  called  the  Solicitor  for  the  United  States,  is  ap- 
pointed by  the  President,  with  the  advice  and  consent  of 
the  Senate,  to  represent  the  government  before  the  court. 

§529.  It  is  the  duty  of  this  court  to  examine  all  the 
claims  presented  to  it,  to  take  testimony  in  reference 
thereto,  to  pronounce  judgment  either  for  or  against  the 
claim,  and  to  keep  a  record   of  its  proceedings.     At  the 


THE   JUDICIAL   PO^yER.  215 

commencement  of  each  session  of  Congress,  and  at  the 
commencement  of  each  month  during  the  session  of  Con- 
gress, the  court  is  to  report  to  Congress  the  cases  upon 
which  they  shall  have  finally  acted,  stating  in  each  the 
material  facts  which  they  find  established  by  the  evidence, 
with  their  opinion  in  the  case,  and  the  reasons  upon  which 
such  opinion  is  founded ;  and  where  the  court  have  deter- 
mined favourably  upon  a  claim,  they,  together  with  the 
testimony  in  each  case,  are  to  present,  along  with  their 
report,  a  bill,  which,  if  enacted  by  Congress,  will  carry  the 
decision  of  the  court  into  effect.  The  reports  of  the  court, 
and  the  proposed  bills  are  then  acted  upon  by  Congress 
when  presented,  or  continued  to  the  following  session,  and 
80  from  Congress  to  Congress,  until  finally  disposed  of. 

§  530.  If  the  report  of  the  court  is  adverse  to  the  claim, 
and  that  decision  is  confirmed  by  Congress,  such  decision 
is  conclusive,  and  the  court  cannot  at  any  subsequent 
period  consider  those  claims,  unless  such  reasons  are  pre- 
sented, as  by  the  rules  of  law,  in  suits  between  individuals, 
would  be  suflficient  ground  for  granting  a  new  trial. 

[Clause  3.]  "  The  Trial  of  all  Crimes,  except  in  Cases 
of  Impeachment,  shall  be  by  Jury;  and  such  Trial  shall 
be  held  in  the  State  where  the  said  Crimes  shall  have 
been  committed;  but  when  not  committed  within  any 
State,  the  Trial  shall  be  at  such  Place  or  Places  as  the 
Congress  may  by  Law  have  directed." 

§  531.  Impeachments,  as  we  have  seen,  are  tried  by  the 
Senate;  but  the  trial  of  all  other  crimes  is  to  be  by  jury. 
A  jury  is  a  body  of  men  selected  according  to  law,  for  the 
purpose  of  inquiring  iato,  and  deciding  some  matter  of  fact. 
The  jury  intended  by  this  clause,  consists  of  twelve  citizens, 


216  CONSTITUTIONAL   TEXT-BOOK. 

duly  qualified  by  law  to  serve  on  juries,  selected  and  sworn 
,to  decide  questions  of  fact  submittted  to  them  in  a  court 
of  justice.  The  decision  which  they  render  is  called  a 
verdict. 

§  532.  The  provision  that  all  trials  for  crimes  shall  be 
lield  in  the  State  where  such  crimes  shall  have  been  com- 
mitted, is  intended  to  prevent  the  accused  person  from 
being  exposed  to  the  expense  and  danger  of  a  trial  at  a 
distance  from  his  residence,  or  at  a  place  where  he  might 
not  be  able  to  procure  the  attendance  of  his  witnesses. 

§  533.  If  the  crime  was  not  committed  within  a  State, 
as,  for  instance,  on  the  high  seas.  Congress  may  by  law 
direct  where  the  trial  shall  take  place.  Such  crimes  have 
been  directed  to  be  tried  in  the  Circuit  or  the  District 
courts. 

Section.  3.  [Clause  1.]^' Treason  against  the  United 
States,  shall  consist  only  in  levying  War  against  them,  or 
in  adhering  to  their  Enemies,  giving  them  Aid  and  Com- 
fort. No  Person  shall  be  convicted  of  Treason  unless  on 
the  Testimony  of  two  Witnesses  to  the  same  overt  Act, 
or  on  Confession  in  open  Court. 

§534.  The  Constitution  here  declares  that  treason 
against  the  United  States  shall  consist  only  in  two  things, 
namely : — 

(1.)  In  levying  war  against  the  United  States. 

(2.)  In  adhering  to  their  enemies,  giving  them  aid  and 
comfort. 

§  535.  Levying  war  is  the  assembling  of  a  body  of  men 
to  effect  by  force  a  treasonable  object.  A  mere  conspiracy 
or  agreement  to  levy  war,  does  not  amount  to  levying  war; 
there  must  be  an  actual  assembling  of  men  for  a  treason- 


THE   JUDICIAL   POWER.  217 

able  purpose,  in  order  to  constitute  a  levying  of  war.  If 
war  be  actually  levied,  all  those  who  perform  any  part, 
however  minute,  or  however  remote  from  the  scene  of  ac- 
tion, and  who  are  really  leagued  in  the  general  attempt, 
are  to  be  considered  as  traitors. 

§  536.  Treason  is  the  highest  crime  against  a  govern- 
ment, for  it  is  a  breach  of  allegiance ;  and  history  shows 
that  in  other  countries,  during  times  of  great  political  ex- 
citeuienr,  there  is  a  strong  tendency  to  raise  lower  offences 
up  to  the  grade  of  treason,  and  punish  them  as  such.  It 
was  to  prevent  this  that  the  Constitution  defines  particu 
larly  what  shall  constitute  treason. 

§  537.  It  was  the  same  spirit  of  moderation  and  caution 
which  led  to  the  other  part  of  the  clause,  requiring  the 
testimony  of  two  witnesses  to  the  same  overt  or  open  act, 
or  else  a  confession  in  open  court,  to  justify  a  conviction 
for  treason.  The  clearest  evidence  of  guilt  is  required, 
because  the  offence  is  one  of  the  most  serious  character. 

[Clause  2.]  "  The  Congress  shall  have  Power  to  declare 
the  Punishment  of  Treason,  but  no  Attainder  of  Treason 
shall  work  Corruption  of  Blood,  or  Forfeiture  except 
during  the  Life  of  the  Person  attainted." 

§  538.  An  act  of  Congress  passed  in  1790,  declares  that 
the  punishment  of  treason  shall  be  death  by  hanging. 

The  same  act  provides  that  whoever  has  knowledge  of 
the  commission  of  treason  against  the  United  States,  and 
shall  conceal,  and  not,  as  soon  as  may  be,  disclose  the 
Bame  to  the  President  of  the  United  States,  or  to  one  of 
the  federal  judges,  or  to  the  governor  or  a  judge  of  a  par- 
ticular State,  shall,  on  conviction  thereof,  suffer  an  im- 
prisonment not  exceeding  seven  years,  and  be  fined  not 
exceeding  one  thousand  dollars.     A  knowledge  and  con- 

19 


218  CONSTITUTIONAL  TEXT-BOOK. 

cealmcnt  of  treason,  without  assenting  to  it,  is  termed 
misprision  of  treason. 

§  539.  When  sentence  of  death  was  pronounced,  espe- 
cial! j  after  conviction  of  treason,  its  consequence,  by  the 
ancient  law  of  England,  was  attainder,  and  the  criminal 
was  said,  as  a  mark  of  infamy,  to  become  attaint,  signify- 
ing stained  or  blackened. 

§  540.  Attainder  led  to  a  forfeiture  of  all  the  lands  and 
personal  property  of  the  criminal,  to  the  king;  also  to 
what  was  termed  corruption  of  blood,  which  disabled  the 
attainted  person  from  inheriting  lands  from  his  ancestors, 
or  retaining  those  he  was  already  in  possession  of,  or 
transmitting  them  by  descent  to  his  heirs. 

§  541.  The  result  of  such  attainder  and  corruption  of 
blood,  was  really  to  inflict  penalties  after  the  death  of  the 
criminal,  upon  his  descendants,  for  the  crime  of  their  an- 
cestor. The  Constitution  humanely  limits  the  effect  of 
this  punishment  to  the  offender  himself  during  his  life -time, 
for  it  declares  that  no  attainder  of  treason  shall  work  cor- 
ruption of  blood  or  forfeiture,  except  during  the  life  of  the 
person  attainted. 

§  542.  The  clause,  however,  does  not  make  attainder 
and  corruption  of  blood  a  part  of  the  punishment  of  trea- 
son ;  it  simply  enacts  that  Congress  shall  declare  what  the 
punishment  of  treason  shall  be,  and  limits  the  effect  of 
attainder,  should  that  be  made  a  part  of  the  punishment, 
to  the  life  of  the  person  attainted.  Congress,  by  an  act 
passed  in  1790,  enacted  that  no  conviction  or  judgment  for 
any  capital  or  other  offences,  shall  work  corruption  of 
blood,  or  any  forfeiture  of  estate. 


MISCELLANEOUS   PROVISIONS.  219 


CHAPTER  XIV. 

MISCELLANEOUS   PROVISIONS. 
ARTICLE   IV. 

Turs  article  consists  of  several  miscellaneous  provisions, 
which  do  not  fall  appropriately  within  either  one  of  the 
three  preceding  articles. 

"  Section.  1.  Full  Faith  and  Credit  shall  be  given  in 
each  State  to  the  public  Acts,  Records,  and  judicial  Pro- 
ceedings of  every  other  State.  And  the  Congress  may 
by  general  Laws  prescribe  the  Manner  in  which  such 
Acts,  Records  and  Proceedings  shall  be  proved,  and  the 
Effect  thereof." 

§  543.  As  a  general  rule,  the  courts  of  one  country  are 
not  bound  to  take  judicial  notice  of  the  acts,  records,  and 
proceedings  of  the  courts  of  a  foreign  country,  or  to  admit 
their  validity  or  authority.  This  rule  would  produce  much 
inconvenience  if  applied  to  the  States  composing  the 
Union.  The  Constitution  has,  therefore,  adopted  a  differ- 
ent principle,  and  has  declared  that  full  faith  and  credit 
shall  be  given  in  each  State  to  the  public  acts,  records,  and 
judicial  proceedings  of  every  other  State. 

§  544.  Congress,  in  pursuance  of  the  power  here  given 
to  pass  general  laws  on  the  subject,  by  an  act  of  May  20, 
1790,  provided  a  mode  by  which  records  and  judicial  pro- 
ceedings should  be  authenticated ;  namely,  by  the  attesta- 


220  CONSTITUTIONAL   TEXT-BOOK. 

tion  of  the  clerk  and  the  seal  of  the  court  annexed,  if 
there  be  a  seal,  together  with  a  certificate  of  the  judge, 
chief  justice,  or  presiding  magistrate,  as  the  case  may  be, 
that  the  attestation  is  in  due  form. 

§  545.  Records  and  judicial  proceedings,  when  thus  au- 
thenticated, are  to  have  such  faith  and  credit  givet  to  them 
in  every  court  within  the  United  States,  as  they  have  by 
law  or  usage  in  the  courts  of  the  State  from  whence  they 
are  taken. 

Section.  2.  [Clause  1.]  "  The  Citizens  of  each  State 
shall  be  entitled  to  all  Privileges  and  Immunities  of 
Citizens  in  the  several  States." 

§  546.  In  a  Union  composed  of  many  States,  great  diffi- 
culties would  arise  if  the  citizens  of  one  State  were  treated 
as  aliens  or  foreigners,  in  all  the  other  States.  Commer- 
cial transactions,  the  right  to  make  contracts  or  to  hold 
lands,  and  the  travel,  intej*course,  and  traffic,  between  the 
several  States,  would  be  seriously  embarrassed  and  ob- 
structed. It  was  to  prevent  the  occurrence  of  such  evils, 
that  the  Constitution  wisely  extends  to  the  citizens  of  each 
State,  the  privileges  and  immunities  of  citizens  in  the 
other  States. 

[Clause  2.]  "  A  Person  charged  in  any  State  with  Trea- 
son, Felony,  or  other  Crime,  who  shall  flee  from  Justice, 
and  be  found  in  another  State,  shall  on  Demand  of  the 
executive  Authority  of  the  State  from  which  he  fled,  be 
delivered  up,  to  be  removed  to  the  State  having  Juris- 
diction of  the  Crime." 

§  547.  If  persons  committing  a  crime  in  one  State  could, 
by  fleeing  into  another  State,  avoid  an  arrest,  justice  would 


MISCELLANEOUS   PROVISIONS.  221 

be  often  defeated  and  offenders  go  unpunished.  A  clause 
quite  similar  to  the  present  existed  in  the  Articles  of  Con- 
federation, (Art.  4,  §  2.) 

§  548.  In  1793,  Congress  passed  an  act  to  regulate 
the  proceedings  when  a  fugitive  from  justice  is  demanded. 
It  declares  that  whenever  the  executive  authority  of  any 
State  shall  demand  any  person  as  a  fugitive  from  justice, 
of  the  executive  authority  of  any  State  to  which  such  per- 
son has  fled,  and  shall  produce  a  copy  of  the  indictment 
found,  or  an  affidavit  made  before  a  judge  or  magistrate  of 
such  State,  charging  the  person  so  demanded  with  having 
committed  treason,  felony,  or  other  crime,  certified  as 
authentic  by  the  chief  magistrate  of  the  State  or  territory 
whence  the  person  so  charged  has  fled,  it  shall  be  the  duty 
of  the  executive  authority  to  cause  the  fugitive  to  be  ar- 
rested and  secured,  ani  delivered  to  the  executive  author- 
ity making  the  demand,  or  his  agent. 

§  549.  The  ordinary  form  of  requisition  in  use  by  the  exe- 
cutives of  the  several  States,  comprises,  first,  a  demand  upon 
the  .governor  of  the  State  to  which  the  fugitive  is  alleged 
to  have  fled,  for  his  surrender ;  secondly,  a  power  to  an 
agent,  therein  named,  authorizing  him  to  keep  and  secure 
the  fugitive  when  surrendered ;  thirdly,  affidavits  or  a  bill 
of  indictment,  setting  forth  the  offence  with  which  the 
fugitive  is  charged ;.  fourthly,  an  affidavit  to  the  effect  that 
the  defendant  has  fled  from  the  justice  of  one  State,  to 
another ;  and  fifthly,  a  certificate  of  authentication  by  the 
governor  issuing  the  requisition.  Thereupon  the  executive 
on  whom  the  requisition  is  made  generally  issues  his  war- 
rant for  the  arrest  of  the  alleged  fugitive,  who  is  delivered 
over,  for  trial  in  the  State  where  the  crime  was  com- 
mitted. 

10* 


222  CONSTITUTIONAL   TEXT-BOOK. 

[Clause  3.]  ''No  Person  held  to  Service  or  Labour  in 
one  State,  under  the  Laws  thereof,  escaping  into  anotner, 
shall,  in  Consequence  of  any  Law  or  Regulation  therein, 
be  discharged  from  such  Service  or  Labour,  but  shall  be 
delivered  up  on  Claim  of  the  Party  to  whom  such  Service 
or  Labour  may  be  due." 

§  550.  No  such  provision  as  the  above  was  contained  in 
the  Articles  of  Confederation,  and  the  want  of  it  was  con- 
sidered to  be  a  great  inconvenience,  especially  by  the 
States  containing  a  numerous  slave  population.  The  pre- 
ceding clause  relates  to  fugitives  from  justice ;  the  present 
clause  relates  to  fugitives  from  service  or  labour. 

§  551.  Under  this  clause  the  citizens  of  a  slave-holding 
State  are  allowed  to  reclaim  their  slaves  when  they  escape 
into  other  States.  So  it  has  been  held  in  some  cases,  that 
masters  may  reclaim  apprentices.  Fugitives  from  service 
or  from  labour,  are  not,  in  consequence  of  any  laws  of  the 
State  into  which  they  have  fled,  to  be  freed  from  such  ser- 
vice or  labour,  but .  are  to  be  delivered  up  on  claim  of  the 
party  entitled  to  their  service  or  labour. 

§  552.  By  the  general  law  of  nations  it  seems  thiat  no 
nation  is  bound  to  recognise  the  condition  of  slavery,  with 
respect  to  foreign  slaves  found  within  its  territory,  in  oppo- 
sition to  its  own  policy  and  institutions.  Without  this 
clause  of  the  Constitution,  the  States  in  which  slavery  does 
not  exist,  might,  perhaps,  have  declared  free,  all  slaves 
coming  within  their  borders,  and  thus  protected  them  against 
the  claim  of  their  masters,  which  at  the  time  of  the  adap- 
tion, of  the  Constitution,  when  there  were  slaves  in  all  tho 
States,  would  have  been  deemed  great  injustice. 

Section.  8,  [Clause  1.]  "  New  States  may  be  admitted 


MISCELLANEOUS    PROVISIONS.  223 

by  the  Congress  into  this  Union ;  but  no  new  State  shall 
be  formed  or  erected  within  the  Jurisdiction  of  any  other 
State ;  nor  any  State  be  formed  by  the  Junction  of  two 
or  more  States,  or  Parts  of  States,  without  the  Con- 
seat  of  the  Legislatures  of  the  States  concerned  as  well 
as  of  the  Congress." 

§  553.  Congress,  by  this  clause,  has  power  to  admit 
new  States  into  the  Union.  At  the  adoption  of  the  Con- 
stitution the  number  of  original  States  was  thirteen  ;  since 
then,  the  power  to  admit  new  States  has  been  exercised  in 
the  admission  of  eighteen  new  States,  so  that  the  number 
of  States  now  is  thirty-one. 

California,  the  last  of  the  new  States,  was  admitted  into 
the  Union,  September  9,  1850. 

§  554.  Inasmuch  as  the  United  States  guarantee  to  every 
State  a  republican  form  of  government,  the  people  asking 
to  be  admitted  as  a  new  State,  have,  in  practice,  been  re- 
quired, before  their  admission,  to  submit  to  Congress  a 
draft  of  their  proposed  State  Constitution,  in  order  that  it 
may  be  ascertained  whether  it  is  of  a  republican  character. 
When  any  of  the  territories  of  the  United  States  become 
sufficiently  populous  to  elect  a  representative  in  Congress, 
they  are  erected  into  States,  and  admitted  into  the  Union 
as  such,  on  an  equal  footing  with  the  original  States. 

§  555.  Congress  has  not  only  admitted  new  States  into 
the  Union  by  virtue  of  this  clause,  but  it  has  exercised  the 
right  to  acquire  additional  territory  by  purchase,  and  by 
cession  or  grant. 

§  556,  The  latter  part  of  the  clause  was  intended  to 
quiet  the  fears  which  the  large  States  might  entertain,  of 
having  their  territory  divided,  so  as  to  form  other  States, 
without  their  assent ;  and  also  to  allay  the  apprehensions 


/24  COISISTITUTIONAL   TEXT-BOOK. 

which  the  small  States  might  feel,  of  being  merged  into 
adjoining  States,  or  of  being  united  so  as  to  compose  larger 
States.  N,o  new  States  have  as  yet  been  formed  by  the 
junction  of  the  whole,  or  of  parts,  of  other  States ;  but 
States  have  been  admitted  into  the  Union  since  the  adop- 
tion of  the  Constitution,  which  have  been  formed  from  the 
territory  of  other  States. 

[Clause  2.]  "The  Congress  shall  have  Power  to  dispose 
of  and  make  all  needful  Rules  and  Regulations  respect- 
ing the  Territory  or  other  Pioperty  belonging  to  the 
United  States ;  and  nothing  in  this  Constitution  shall  be 
so  construed  as  to  Prejudice  any  Claims  of  the  United 
States,  or  of  any  particular  State." 

§  557.  This  clause  gives  to  Congress  the  right  to  dis- 
pose of,  and  to  regulate,  the  territory  or  other  public  pro- 
perty belonging  to  the  United  States.  The  care  of  the 
public  property  which  belongs  to  all  the  people  of  the  Union, 
is  entrusted  to  Congress,  because  it  represents  all  the  people. 

§  558.  The  title  of  the  United  States  to  the  public  land 
may  be  said  to  be  derived  from  three  sources : — 

(1.)  Treaties  with  foreign  nations,  as  far  as  they  relate 
to  the  acquisition  of  territory  or  to  the  boundaries  of  the 
United  States. 

By  the  treaty  with  Great  Britain  in  1783,  certain 
boundaries  of  the  United  States  were  defined,  within  which 
the  title  of  the  United  States  was  recognised.  By  th« 
treaty  with  France,  April  30,  1803,  the  Territories  of  Or- 
leans and  Louisiana  were  acquired  by  the  United  States, 
which  included  the  portion  of  the  States  of  Alabama  and 
Mississippi,  south  of  the  thirty-first  degree  of  latitude  ; 
the  whole   of  Louisiana,  Arkansas,   Missouri,    Iowa,   and 


MISCELLANEOUS    PROVISIONS.    .  225 

that  portion  of  Minnesota  west  of  the  Mississippi  river, 
Nebraska,  Kansas,  and  Oregon.  The  territory  forming 
the  State  of  Florida  was  ceded  by  Spain  to  the  United 
States,  by  treaty  of  February  22d,  1819.  California, 
Utah,  and  New  Mexico,  are  formed  out  of  territory  ceded 
to  the  United  States  by  Mexico,  by  a  treaty  concluded  at 
Guadalupe  Hidalgo,  February  2d,  1848. 

§559.  (2.)  Cessions  of  territory  to  the  United  States 
by  the  individual  States. 

The  States  of  Ohio,  Indiana,  Illinois,  Michigan,  Wis- 
consin, and  that  part  of  Minnesota  east  of  the  Missis- 
sippi river,  have  been  formed  out  of  the  North-western 
Territory,  which  was  ceded  and  relinquished  to  the  United 
States,  under  certain  restrictions,  by  New  York,  March 
1,  1781 ;  by  Virginia,  March  1,  1784 ;  by  Massachusetts, 
April  19,  1785,  and  by  Connecticut,  September  14,  1786. 

§  560.  While  the  Articles  of  Confederation  were  pend- 
fng  for  adoption,  several  of  the  States  refused  to  ratify 
them,  unless  those  States  which  had  claims  to  the  extensive 
tract  of  country  lying  westward  of  the  frontiers  of  the 
United  States,  and  extending  to,  and  beyond  the  Missis- 
sippi river,  would  abandon  their  claims  in  favour  of  th« 
United  States.  That  region,  it  was  contended,  being  un- 
settled at  the  commencement  of  the  Revolutionary  war, 
was  won  from  England,  and  from  the  native  Indians,  by 
the  blood  and  treasure  of  all  the  States,  and  should  there- 
fore be  a  common  property,  to  be  granted  out  on  terras 
beneficial  to  the  United  States. 

§  561.  This  subject  created  the  most  serious  hindrance 
to  the  ratification  of  the  Articles  of  Confederation.  Con- 
gress on  the  6th  of  September,  1780,  earnestly  recom- 
mended to  those  States  who  had  claims  to  the  western  coun- 
try, to  pass  such  laws,  and  give  their  delegates  in  Congress 


226  CONSTITUTIONAL  TEXT-BOOK. 

such  power,  as  would  effectually  remove  this,  the  only  obsta- 
cle to  a  final  ratification  of  the  Articles  of  Confederation. 

§  562.  On  the  10th  of  October,  1780,  Congress  resolved 
that  the  unappropriated  lands  that  may  be  ceded  or  relin- 
quished to  the  United  States  by  any  particular  State, 
should  be  disposed  of  for  the  common  benefit  of  the 
United  States,  and  be  settled  and  formed  into  distinct 
republican  States,  to  become  members  of  the  Federal 
Union,  and  have  the  same  rights  of  sovereignty,  freedom, 
and  independence,  as  other  States ;  also  that  the  expenses 
incurred  by  any  State  since  the  commencement  of  the 
war,  in  subduing  any  British  posts,  or  in  maintaining  forts 
or  garrisons,  for  the  defence  or  acquisition  of  any  part  of 
the  territory  thus  ceded  or  relinquished  to  the  United 
States,  should  be  reimbursed. 

§  563.  It  was  in  pursuance  of  this  resolution  that  the 
cessions  above  mentioned  were  made  by  the  States.  Other 
cessions  of  territory  were  also  made  by  South  Carolina  in 
1787,  North  Carolina  in  1790,  and  Georgia  in  1802,  form- 
ing parts  of  the  States  of  Mississippi  and  Alabama. 

(3.)  Treaties  with  the  Indians,  so  far  as  they  relate  to 
the  extinguishment  of  the  Indian  title  to  the  public  lands. 
Although  the  United  States,  in  consequence  of  the  trea- 
ties and  cessions  above  referred  to,  own  the  soil  of,  and 
exercise  jurisdiction  over,  the  lands  inhabited  by  the  In- 
dians, yet  it  has  been  conceded  that  the  Indians  have  a 
right  of  occupancy,  or  a  possessory  right,  as  natives. 
This  right  of  occupancy,  or  of  possession,  has  been,  from 
time  to  time,  extinguished  or  purchased  by  the  United 
States,  by  treaties  made  with  the  Indian  tribes. 

§  564.  It  is  under  this  clause  of  the  Constitution  that 
Congress  exercises  the  power  to  dispose  of  the  public  lands 
by  sale  or  grant.     All  public  lands,  before  being  offered  for 


MISCELLANEOUS   PROVISIONS.  227 

sale,  are  accurately  surveyed  by  practical  surveyors,  in 
ranges  of  townships,  each  six  miles  square,  containing 
therefore  23,040  acres.  Townships  are  subdivided  by 
lines  crossing  each  other  at  right  angles,  and  running  to 
the  cardinal  points  of  the  compass,  into  thirty-six  sectionSj 
each  of  one  mile  square,  or  640  acres. 

§  565.  The  sections  are  numbered  from  one  to  thirty- 
six,,  beginning  at  the  northeast  corner  of  the  township  and 
counting  alternately  from  east  to  west  and  west  to  east. 
The  sections  are  again  divided  into  quarters,  each  contain- 
ing 160  acres.  Prior  to  1820,  no, person  could  purchase 
less  than  a  quarter  section ;  but  in  that  year  legal  author- 
ity was  given  for  the  division  of  the  sections  into  eighths, 
containing  eighty  acres  ;  and  in  1832,  as  a  further  accom- 
modation to  settlers,  they  were  divided  into  sixteenths,  or 
forty-acre  lots.  Certain  sections  Or  townships  of  land  in 
each  territory,  are  reserved  for  schools  or  for  the  establish- 
ment of  a  university. 

^566,  The  corners  of  townships,  sections,  and  quarter 
sections,  are  designated  by  marks  established  by  the  sur- 
veyors on  the  ground. 

After  the  lands  have  been  thus  surveyed,  they  are 
proclaimed  by  the  President  for  sale,  and  offered  at  pub- 
lic auction,  at  not  less  than  a  dollar  and  twenty-five  cents 
per  acre ;  and  such  as  remain  unsold  at  the  close  of  such 
public  sale,  are  subject  to  be  purchased  at  private  sale 
at  that  rate. 

§  567.  By  an  act  passed  August  4, 1854,  the  price  of 
the  public  lands  was  graduated  and  reduced  in  favour  of 
those  who  should  actually  settle  upon  and  cultivate  them. 
Lands  (with  a  few  exceptions)  which  shall  have  been  in  the 
market  for  ten  years  or  upward  prior  to  the  application 
to  purchase,  are  made  subject  to  sale  to  actual  settlers  and 


228  CONSTITUTIONAL   T/:XT-BOOK.. 

cultivators  at  the  price  of  one  dollar  per  acre ;  those  which 
have  been  in  the  market  for  fifteen  years  or  upward,  may 
be  sold  at  seventy-five  cents  per  acre ;  for  twenty  years  or 
upward,  fifty  cents  per  acre;  for  twenty-five  years  or 
upward,  twenty-five  cents  per  acre;  for  thirty  years  or 
upward,  twelve  and  a  half  cents  per  acre.  But  no  settler 
is  allowed  to  acquire  more  than  three  hundred  and  twenty 
acres  in  pursuance  of  these  provisions. 

§  568.  Land  ofi&ces  are  established  in  the  different  States 
and  territories,  under  the  supervision  of  the  General  Land 
OflBce,  for  the  sale  of  the  public  lands.  Each  office  is 
under  the  direction  of  two  officers  :  a  register,  who  re- 
ceives the  applications  and  sells  the  lands ;  and  a  receiver, 
who  receives  the  purchase-money.  These  two  officers  act 
as  a  check  upon  each  other.  The  grant  for  the  land, 
issued  by  the  United  States,  is  termed  a  patent. 

§  569.  The  patents  issue  from  the  General  Land  Office, 
under  its  seal,  in  the  name  of  the  United  States,  signed  by 
the  President  of  the  United  States,  (or  by  a  secretary  who  is 
authorized  by  law  to  sign  for  him,)  and  countersigned  by 
the  Commissioner  of  Public  Lands  ;  they  are  then  recorded 
in  the  land  office  in  books  kept  for  that  purpose. 

§  570.  Under  this  clause  in  the  Constitution,  Congress 
from  time  to  time  erects  governments  in  portions  of  the  ter- 
ritories of  the  United  States.  These  are  regularly  organized 
territorial  governments.  They  include  a  governor,  judges, 
and  other  officers,  appointed  by  the  President,  and  a  legis- 
lature elected  by  the  people  of  the  territory,  and  are 
allowed  one  delegate  in  the  House  of  Representatives,  who 
may  participate  in  the  debates,  but  cannot  vote. 

§  571.  The  organized  territories,  after  their  population 
has  sufficiently  increased  to  entitle  them  to  a  representa- 
tive in  Congress  according  to  the  ratio  of  representation, 


MISCELLANEOUS   PRO/ISIONS.  '  229 

m  y  apply  for  admission  into  the  Union  as  States.  But 
they  cannot  be  admitted  unless  they  establish  a  republican 
form  of  government,  and  the  Constitution  which  they  pro- 
pose to  adopt,  must,  prior  to  their  admission,  be  submitted 
to  and  approved  by  Congress. 

§  572.  There  are  at  present  seven  organized  territories, 
viz: 

(1.)  Oregon  Territory ;  erected  into  a  territory  August 
14,  1848. 

(2.)  Minnesota  Territory ;  erected  into  a  territory  March 

8,  1849. 

(3.)  Utah  Territory ;  erected  into  a  territory  September 

9,  1850. 

(4.)  New  Mexico  Territory;  erected  into  a  territory 
September  9,  1850. 

(5.)  Washington  Territory;  erected  into  a  territory 
March  2,  1853. 

(6.)  Kansas  Territory ;  erected  into  a  territory  May  30, 
1854. 

(7.)  Nebraska  Territory ;  erected  into  a  territory  May 
30,  1854. 

The  Indian  Territory  is  not  an  organized  territory. 

§  573.  The  limits  of  the  United  States,  at  the  treaty  of 
peace  which  closed  the  Revolution,  are  estimated  to  have 
included  not  more  than  820,680  square  miles.  The  total 
area  of  the  Union  on  the  first  of  July,  1854,  was,  by 
official  calculations  estimated  at  2,963,666  square  miles. 
Our  territory  doubled  itself  in  the  first  twenty  years  of  its 
existence,  and  it  has  increased  over  threefold  in  less  than 
sixty  years. 

^Ve  have  now  a  territorial  extent  nearly  ten  times  as 

large  as  that  of  Great  Britain  and  France  combined  ;  three 

times  as  large  as  the  whole  of  France,  Britain,  Austria, 

20 


230  CONSTITUTIONAL  TEXT-EOOK- 

Prussia,  Spain,  Portugal,  Belgium,  Holland,  and  Denmark 
together;  one  and  a  half  times  as  large  as  the  Russian 
empire  in  Europe ;  about  one-sixth  less  than  the  area  of 
all  Europe,  and  of  equal  extent  with  the  Roman  empire,  oi 
that  of  Alexander,  neither  of  which  is  said  to  have  ex- 
ceeded 3,000,000  square  miles. 

Section.  4.  [Clause  4.]  "The  United  States  shall  gua- 
rantee to  every  State  in  this  Union  a  Republican  Form 
of  Government,  and  shall  protect  each  of  them  against 
Invasion,  and  on  Application  of  the  Legislature,  or  of  the 
Executive  (when  the  Legislature  cannot  be  convened) 
against  domestic  Violence." 

§  574.  The  Articles  of  Confederation  contained  no  pro- 
vision similar  to  the  above,  which  was  one  cause  of  the 
weakness  of  the  government  under  those  Articles.  This 
section  contains  three  important  particulars : 

(1.)  A  guaranty  of  a  republican  form  of  government  to 
the  States. 

(2.)  Protection  of  the  States  against  invasion. 

(3.)  Protection  of  the  States  against  domestic  violence. 

§  575.  The  United  States  guarantees  to  every  State  in 
the  Union,  a  republican  form  of  government.  An  out- 
break or  rebellion  in  a  single  State,  might  be  strong  enough 
not  only  to  establish  therein  a  monarchical  or  despotic 
form  of  government,  but  to  endanger  the  whole  Union, 
Without  a  provision  like  that  we  are  now  considering,  the 
State  in  which  such  an  attempt  should  be  made  would 
have  no  right  to  call  upon  the  general  government  for 
protection,  and  the  general  government  would  have  no 
legal  right,  and  would  be  under  no  obligation,  to  interfere ; 
whereas  now  the  whole  power  of  the  United  States,  and  ita 


MISCELLANEOUS   PROVISIONS.  231 

army  and  navy,  may  be  employed  to  assure  to  each  State 
the  enjoyment  of  a  republican  form  of  government. 

§  576.  The  guaranty  contained  in  this  clause  does  not 
restrict  the  right  of  a  State  to  alter  its  constitution  at 
pleasure ,  but  it  cannot,  while  it  remains  a  member  of  the 
Union,  adopt  any  other  than  a  republican  form  of  govern- 
ment. 

§  577.  The  United  States  is  also  bound  to  protect  each 
State  from  invasion.  This  secures  to  every  State,  the 
power  of  the  general  government  for  its  protection,  and 
it  is  a  great  advantage  which  the  Federal  Constitution 
affords. 

§  578.  In  case  of  violence  within  a  State,  such  as  riot 
or  rebellion,  the  legislature  of  the  State,  if  in  session,  or, 
if  not  in  session,  the  governor,  may  upon  application,  ob- 
tain the  aid  of  the  United  States  to  repress  such  disorder. 
Thus  each  State,  under  the  Constitution,  secures  the  force 
of  the  United  States  for  its  protection  against  invasion 
from  without,  and  from  domestic  violence,  (§310.) 


232  CONSTITUTIONAL   TEXT-BOOK. 


CHAPTER  XV. 

MODE   OP   AMENDING   THE    CONSTITUTION — MISCELLANEOUS 
PROVISIONS. 

ARTICLE  V. 

This  article  treats  of  the  mode  of  making  amendments 
to  the  Constitution. 

"  The  Congress,  whenever  two  thirds  of  both  Houses 
shall  deem  it  necessary,  shall  propose  Amendments  to  this 
Constitution,  or,  on  the  Application  of  the  Legislatures  of 
two  thirds  of  the  several  States,  shall  call  a  Convention 
for  proposing  Amendments,  which,  in  either  Case,  shall 
be  valid  to  all  Intents  and  Purposes,  as  Part  of  this  Con- 
stitution, when  ratified  by  the  Legislatures  of  three  fourths 
of  the  several  States,  or  by  Conventions  in  three  fourths 
thereof,  as  the  one  or  the  other  Mode  of  Ratification  may 
be  proposed  by  the  Congress ;  Provided  that  no  Amend- 
ment which  may  be  made  prior  to  the  Year  one  thousand 
eight  hundred  and  eight  shall  in  any  Manner  affect  the 
first  and  fourth  Clauses  in  the  Ninth  Section  of  the  first 
Article ;  and  that  no  State,  without  its  Consent,  shall  be 
deprived  of  its  equal  Suffrage  in  the  Senate." 

§  579.  Unless  some  peaceable  mode  of  altering  the  Con- 
stitution be  provided,  there  is  danger  that  violent  means 


MODE   OF   AMENDMENT.  233 

would  be  employed  to  effect  a  change.  As  no  form  of 
government,  particularly  a  new  and  untried  one,  as  ours 
was,  is  likely  to  be  perfect,  it  is  necessary  that  some  man- 
ner of  proceeding  should  be  established,  for  adopting  such 
amendments  as  time  and  experience  may  renaer  useful  or 
necessary. 

§  580.  It  is  the  right  of  a  free  people  to  amend  their 
Constitution  or  to  alter  their  form  of  government.  This 
right  was  proclaimed  in  the  Declaration  of  Independence, 
and  is  recognised  by  all  the  States,  many  of  which  have, 
at  different  times  altered  their  constitutions  by  the  popular 
vote. 

In  his  Farewell  Address  to  the  American  people,  George 
Washington  declares  that  the  "  basis  of  our  political  sys- 
tems is  the  right  of  the  people  to  make  and  to  alter  their 
Constitutions  of  government.  But  the  Constitution  which 
at  any  time  exists,  till  changed  by  an  explicit  and  au- 
thentic act  of  the  whole  people,  is  sacredly  obligatory 
upon  all." 

§  581.  Two  modes  are  provided  in  which  amendments  to 
the  Constitution  of  the  United  States  may  be  proposed. 
They  are  as  follows : — 

(1.)  By  two-thirds  of  both  Houses  of  Congress. 

(2.)  By  applications  to  Congress  from  the  Les^islatures 
of  two-thirds  of  the  States,  for  the  calling  of  a  convention 
for  proposing  amendments. 

§  582.  In  either  case,  whether  ^the  amendments  originate 
m  Congress,  or  in  a  convention  called  by  Congress  upon  the 
application  of  the  legislature  of  two-thirds  of  the  States, 
the  proposed  amendments,  before  they  become  valid,  must 
be  ratified  by  the  legislatures  of  three-fourths  of  the 
States,  or  by  popular  conventions  in  three-fourths  of  the 
States,  according  as  the  one  or  the  other  mode  of  ratifica- 

20* 


234  CONSTITUTIONAL   TEXT-BOOK. 

tion  may  be  proposed  by  Congress.  In  the  amendments 
heretofore  made  to  the  Constitution,  Congress  has  pro- 
posed a  ratification  by  the  legislatures  of  the  States,  and 
not  by  conventions 

§  583.  The  object  of  these  provisions  is  to  prevent  altera- 
tions in  the  Constitution  from  being  made  suddenly  and 
without  due  deliberation,  or  against  the  consent  of  a  large 
number  of  States. 

§  584.  It  will  be  seen  that  Congress,  of  itself,  has  no 
power  to  amend  or  alter  the  Constitution,  and  that 
although  an  amendment  may  be  proposed  by  two-thirds  of 
'both  Houses  of  Congress,  yet  it  cannot  be  adopted  unless 
by  consent  of  the  legislatures  of,  or  by  conventions  called 
in,  three-fourths  of  the  States.  The  approval  of  the  Presi- 
dent has  not  been  considered  necessary  to  amendments  to 
the  Constitution.  In  England,  Parliament  has,  of  itself, 
the  legal  power  to  alter  the  form  of  government,  without 
regard  to  the  expressed  wish  or  consent  of  the  people. 

§  585.  Originally  there  were  three  provisions  of  the 
Constitution,  which  were  placed  beyond  the  power  of 
alteration.  The  first  and  fourth  clauses  of  the  ninth  sec- 
tion of  the  first  article,  were  not  to  be  afi"ected  by  any 
amendment  which  might  be  made  before  the  year  1808. 

§586.  The  former  of  those  clauses  declares  that  the 
migration  or  importation  of  such  persons  as  any  of  the 
States  shall  think  proper  to  admit,  shall  not  be  prohibited 
by  Congress  prior  to  1808 ;  the  latter  provides  that  no 
capitation  or  other  direct  tax  ^hall  be  laid,  unless  in  pro- 
portion to  the  census. 

§  587.  The  slave-holding  States  were  not  to  be  pro- 
hibited from  importing  slaves  prior  to  1808.  They  were 
also  chargeable  with  direct  taxes  in  proportion  to  the 
census  or  enumeration.     So  long,  therefore,  as  they  were 


MODE   OF   AMENDMENT.  235 

allowed  to  increase  their  popuKLtion  by  the  importation  of 
slaves,  they  were  in  a  corresponding  proportion  to  be  sub- 
ject to  direct  taxation.  But  as  the  limit  upon  that  impor- 
tation expired  in  lb?8,  the  clause  relative  to  the  manner 
of  laying  direct  taxes  has  since  that  time  been  open  to 
amendment  equally  with  the  other  parts  of  the  Consti- 
tution. 

§  588.  The  third  restriction  upon  the  power  of  amend- 
ment is,  that  no  State  shall,  without  its  consent,  be  de- 
prived of  its  equal  suffrage  in  the  Senate.  This  is  a 
permanent  restriction.  The  object  of  it  is  to  protect  the 
smaller  States. 

§  589.  Since  the  adoption  of  the  Constitution  there 
have  been  twelve  articles  added  thereto,  which  we  will 
consider  hereafter ;  but  no  part  of  the  Constitution,  as 
originally  framed,  has  been  repealed  or  altered,  except  the 
manner  of  electing  the  President  and  the  Vice-President, 
and  article  III.,  sec.  2,  clause  1,  so  far  as  it  authorized, 
or  was  supposed  to  authorize,  suits  agamst  one  of  the 
United  States  by  a  citizen  of  another  State,  or  of  a  foreign 
State. 

ARTICLE  VI. 

This  article  consists  of  additional  miscellaneous  pro- 
visions. 

[Clause  1.]  "All  Debts  contracted  and  Engagementa 
entered  into,  before  the  Adoption  of  this  Constitution, 
ehall  be  as  valid  against  the  United  States  under  this 
Constitution,  as  under  the  Confederation." 

§  590.  It  is  a  general  principle  of  the  law  of  nations, 
that  States  are  not  discharged  from  their  obligations,  and 


236  CONSTITUTIONAL  TEXT-BOOK. 

do  not  lose  their  rights,  bj  a  change  in  their  form  of  go« 
vernment. 

§  591.  Without  this  clause  the  United  States  wouldj^ 
therefore,  have  been  liable  after  the  adoption  of  the  Con- 
Btitution,  for  all  the  debts  and  engagements  entered  into 
under  the  Confederation.  The  provision  was  inserted 
expressly,  doubtless  from  a  desire  to  allay  the  fears  of 
creditors,  and  to  assure  the  world  that  the  United  States, 
by  abolishing  their  old,  and  adopting  a  new  form  of  go- 
vernment, did  not  refuse  to  satisfy  their  debts  and  en- 
gagements. 

[Clause  2.]  "This  Constitution,  and  the  Laws  of  the 
United  States  which  shall  be  made  in  Pursuance  thereof; 
and  all  Treaties  made,  or  which  shall  be  made,  under 
the  authority  of  the  United  States,  shall  be  the  supreme 
Law  of  the  Land;  and  the  Judges  in  every  State  shall 
be  bound  thereby,  any  Thing  in  the  Constitution  or  Laws 
of  any  State  to  the  Contrary  notwithstanding.'* 

§  592.  The  federal  government  would  have  been  wholly 
valueless  and  inoperative  if  its  Constitution  and  laws  were 
not  to  be  obeyed  by  the  States.  Indeed  it  would  not  be  a 
government  in  any  proper  sense,  if  the  States  were  inde- 
pendent of  it,  and  could  legislate  without  regard  to  it. 

§  593.  Not  only  are  the  Constitution  and  laws  of  tho 
United  States  made  the  supreme  law  of  the  land,  but  all 
treaties  under  the  authority  of  the  United  States  are  also 
a  part  of  the  supreme  law  of  the  land.  Treaties  are  ne- 
gotiated by  the  national  government,  and  there  should  be 
Eome  mode  of  enforcing  their  observance  upon  all  the 
States.  If  the  States  could,  at  their  pleasure,  disregard 
fjolemn  treaties,  foreign  nations  would  soon  cease  to  make 


MISCELLANEOUS   PROVISIONS.  237 

treaties  with  us,  for  there  would  be  no  assurance  that  our 
treaties  would  be  observed.  It  was  a  serious  defect  of  the 
government  under  the  Articles  of  Confederation,  that  the 
States  slighted  the  obligation  of  treaties. 

§  594.  It  is  only  those  laws  passed  bj  Congress  in  pur- 
suance of  the  Constitution,  that  become  the  supreme  law  of 
the  land.  If  an  act  of  Congress  be  contrary  to  the  Con- 
stitution, it  is  no  part  of  the  supreme  law. 

§595.  The  judges  of  every  State  are  bound  by  the 
Constitution,  the  constitutional  laws,  and  the  treaties  of 
the  United  States ;  and  every  thing  contrary  thereto  in  the 
Constitution,  laws,  decisions,  or  proceedings  of  any  State, 
or  even  in  the  Acts  of  Congress,  is  void  and  of  no  effect. 

§  596.  According  to  law  and  practice  in  England,  Par- 
liament is  supreme,  and  an  act  of  Parliament  once  passed, 
becomes  a  part  of  the  law  of  the  land  and  demands  perfect 
obedience.  It  is  not  always  so  here  with  an  act  of  Con- 
gress. If  it  should  be  contrary  to  the  Constitution  of  the 
United  States,  it  is  the  right  and  the  duty  of  the  judiciary, 
to  declare  it  void  and  of  no  effect.  The  reason  of  this  is, 
that  the  written  Constitution  limits  the  powers  of  Con- 
gress, and  if  Congress  may,  notwithstanding,  go  beyond 
those  limits,  the  Constitution  ceases  to  have  any  binding 
operation  in  that  respect. 

[Clause  2.]  "  The  Senators  and  Representatives  before 
mentioned,  and  the  Members  of  the  several  State  Legisla- 
tures, and  all  executive  and  judicial  Officers,  both  of  the 
United  States  and  of  the  several  States,  shall  be  bound 
by  Oath  or  Affirmation,  to  support  this  Constitution  ;  but 
no  religious  Test  shall  ever  be  required  as  a  Qualification 
to  any  Office  or  public  Trust  under  the  United  States." 


238  CONSTITUTIONAL  TEXT-BOOK. 

§  597.  The  previous  clause  declares  that  the  Constitution 
of  the  United  States  shall  be  the  supreme  law  of  the  lalid; 
the  present  clause  is  intended  to  secure  its  observance  as 
such,  by  the  solemn  sanction  of  an  oath  or  affirmation. 
Fidelity  to  the  Constitution  is  a  test  or  qualification  for 
legislative,  judicial,  or  executive  office,  under  the  general 
government  and  in  the  several  States. 

§598.  Senators,  representatives,  executive  officers,  and 
judicial  officers  of  the  United  States,  are  required  to  be 
bound  by  oath  or  affirmation  to  support  the  Constitution, 
because  they  are  directly  concerned  in  its  execution  and 
administration.  The  corresponding  officers  of  the  several 
States  are  also  required  to  be  bound  in  like  manner,  be- 
cause they  owe  obedience  to  the  Federal  Constitution  as 
the  supreme  law  of  the  land. 

§599.  June  1,  1789,  Congress  passed  an  act  declaring 
that  the  oath  or  affirmation  required  by  thia  clause  shall  be 
administered  in  the  following  form:  ^^I,A.JB.,  do  solemnly 
swear  or  affirm  (as  the  case  may  be)  that  I  will  support 
the  Constitution  of  the  United  States.'*  The  act  further 
declares  the  time  and  manner  of  administering  the  oath. 
At  the  first  session  of  Congress,  after  every  general  elec- 
tion of  Representatives,  the  oath  is  to  be  administered  to 
the  Speaker  by  any  one  member  of  the  House  of  Represen- 
tatives, (in  practice  this  is  done  by  the  oldest  members  of 
the  House,  successively,)  and  then  by  the  Speaker  to  all 
the  members  present,  and  to  the  clerk,  previous  to  enter- 
ing on  any  other  business. 

§  600.  The  President  of  the  Senate  for  the  time  being, 
also  administers  the  oath  or  affirmation  to  each  newly- 
elected  Senator,  previous  to  his  taking  his  seat;  and  if  the 
President  of  the  Senate  has  not  himself  taken  the  oath,  it 


MISCELLANEOUS   PROVISIONS.  239 

is  administered  to  him  by  any  one  of  the  members  of  the 
Senate. 

§601.  The  members  of  the  several  State  legislatures, 
and  all  the  executive  and  judicial  officers  of  the  States,  are 
required,  before  they  proceed  to  execute  the  duties  of  their 
lespective  offices,  to  take  the  oath  or  affirmation,  to  be 
administered  by  the  person  who  is  authorized  by  the  law 
of  tlie  State  to  administer  the  oath  of  office,  and  a  record 
or  certificate  is  to  be  made  of  it,  in  like  manner  as  of  the 
oath  of  office. 

§  602.  All  officers  appointed  under  the  authority  'of  the 
United  States,  are  required  to  take  the  oath  or  affirmation 
before  entering  upon  their  official  duties. 

§  603.  This  clause  contains  the  important  provision  that 
no  religious  test  shall  ever  be  required  as  a  qualification  to 
any  office  or  public  trust  under  the  United  States.  This 
prohibition  was  intended  to  restrain  the  efiects  of  sectarian 
bigotry  and  intolerance,  and  prevent  a  union  of  church 
and  State,  such  as  we  find  in  England  and  in  many  coun- 
tries on  the  continent  of  Europe. 

§  604.  In  England,  and  in  some  other  countries,  public 
officers,  before  entering  on  the  discharge  of  their  official 
duties,  are  required  to  take  an  oath  or  make  a  declaration 
in  favour  of  the  established  religion  of  the  country.  Such 
oaths  or  declarations  are  called  tests.  The  Constitution 
of  the  United  States  does  not  establish  any  particular 
form  of  religious  worship,  or  restrain  the  free  exercise  of 
any  form,  and  it  therefore  abolishes  religious  tests,  as  in- 
consistent with  its  principles  of  religious  liberty. 

"  Article  VII.  The  Ratification  of  the  Conventions  of 
nine  States,  shall  be  sufficient  for  the  Establishment  of 
this  Constitution  between  the  States  so  ratifying  the  Same." 


240  CONSTITUTIONAL   TEXT-BOOK. 

§  605.  At  the  time  of  the  formation  of  the  Constitution 
there  were  thirteen  States.  This  clause  does  not  require 
that  all  the  States  should  assent  to  the  Constitution,  foi 
a  single  State  would  then  have  been  enabled  to  defeat  the 
wishes  of  all  the  others.  Nor  does  it  make  a  majority 
BuflBcient ;  but  it  adopts  a  medium  course,  and  declares  that 
the  ratification  by  the  conventions  of  nine  States  shall  be 
Bufficient  for  the  establishment  of  the  Constitution  be- 
tween the  States  thus  ratifying  it. 

§  606.  Had  the  Constitution  been  ratified  by  no  more 
than  nine  States,  those  nine  States  only  would  have  com- 
posed the  Union,  and  the  remaining  States  would  not  have 
been  members  of  it. 

For  the  proceedings  attending  the  ratification  of  the 
Constitution,  see  §46. 

§  607.  The  final  clause  of  the  Constitution  is  as  follows : — 

"Done  in  Convention  by  the  Unanimous  Consent  of 
the  States  present  the  Seventeenth  day  of  September 
in  the  Year  of  our  Lord  one  thousand  seven  hundred 
and  Eighty  seven  and  of  the  Independence  of  the 
United  States  of  America  the  Twelfth.  In  "Wit- 
ness whereof  We  have  hereunto  subscribed  our 
Names." 

It  was  then  signed  by 

Go  WASHINGTON— 

Presidt  and  deputy  from  Virginia^ 
and   by  thirty-eight   other  delegates,  being  one  or  more 
from  each  of  the  original  thirteen  States,  except  Rhode 
Island,  by  whom  no  delegate  was  appointed. 


ADDITIONAL   ARTICLES.  241 


CHAPTER  XVI. 

ARTICLES   IN   ADDITION   TO,   AND   AMENDMENT   OP,    THE 
CONSTITUTION. 

§  608.  Much  opposition  was  made  to  the  ratification  of 
the  Constitution,  in  the  conventions  called  by  the  States. 
The  reasons  for  the  opposition  were  different  in  their  na- 
ture, but  a  very  general  opinion  was  entertained,  that 
something  should  be  added  in  the  nature  of  a  Declaration 
of  Rights,  which  should  positively  assert  and  establish  cer- 
tain rights  of  the  people.  Many  of  the  States,  although 
they  ratified  the  Constitution,  expressed  a  wish  that  such 
amendments  should  be  adopted. 

§  609.  Accordingly,  at  the  first  session  of  the  first  Con- 
gress, begun  and  held  in  the  city  of  New  York,  March  4, 
1789,  Congress,  after  duly  considering  the  fact  that  the 
conventions  of  a  number  of  the  States,  at  the  time  of  their 
adopting  the  Constitution,  expressed  a  desire,  in  order  to 
prevent  misconstruction  or  abuse  of  its  powers,  that  fur- 
ther declaratory  and  restrictive  clauses  should  be  adopted, 
passed  a  resolution  on  the  25th  of  September,  1789,  two- 
thirds  of  both  houses  concurring,  to  propose  twelve  articles 
to  the  legislatures  of  the  States,  as  amendments  to  the 
Constitution. 

§  610.  Ten  of  those  articles  having  been  finally  ratified 
by  the  legislatures  of  three-fourths  of  the  States,  became 
amendments  of  the  Constitution  of  the  United  States  on 
the  15th  day  of  December,  1791. 

§  611.  These  amendments,  constituting  the  first  ten  of 

21 


242  CONSTITUTIONAL   TEXT-BOOK. 

the  whole  number   of  amendments,  were   ratified  by  the 
States,  as  follows  : — 

JBj  New  Jersey,  20th  Kovember,  1789. 

By  Maryland,  19th  December,  1789. 

By  North  Carolina,  22d  December,  1789. 

Bj  South  Carolina,  19th  January,  1790. 

By  New  Hampshire,  25th  January,  1790. 

By  Delaware,  28th  January,  1790. 

By  Pennsylvania,  10th  March,  1790. 

By  New  York,  27th  March,  1790. 

By  Rhode  Island,  15th  June,  1790. 

By  Vermont,  3d  November,  1791. 

By  Virginia,  15th  December,  1791. 

§  612.  Subsequently  another  amendment,  the  eleventh, 
was  proposed  at  the  first  session  of  the  third  Congress,  5th 
March,  1794,  and  was  declared  in  a  message  from  the 
President  of  the  United  States  to  both  houses  of  Congress, 
dated  8th  January,  1798,  to  have  been  adopted  by  the 
constitutional  number  of  States.  The  twelfth  amendment 
was  proposed  at  the  first  session  of  the  eighth  Congress, 
12th  December,  1803,  and  was  adopted  by  the  constitu- 
tional number  of  States  in  1804. 

613.  We  have  already  presented  these  amendments, 
commencing  on  page  48,  and  we  are  now  to  consider  each 
cue  in  its  order : 

"  Article  I.  Congress  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibiting  the  free  exercise 
thereof;  or  abridging  the  freedom  of  speech,  or  of  the 
press ;  or  the  right  of  the  people  peaceably  to  assemble, 
and  to  petition  the  Government  for  a  redress  of  griev- 
ances."   - 


ADDITIONAL    ARTICLES.  24S 

§  614.  We  have  already  seen  that  no  religious  test  can 
ever  be  required  as  a  qualification  to  any  office  or  public 
trust  under  the  Unite'd  States,  (§  603.)  The  object  of  the 
present  amendment  is  to  go  still  further,  and  in  general 
terms  to  restrict  Congress  from  making  any  law  respecting 
an  establishment  of  religion,  or  prohibiting  the  free  exer- 
cise thereof.  One  purpose  sought  to  be  effected  by  this 
provision,  is  to  prevent  the  supremacy  of  any  religious 
denomination  in  consequence  of  national  patronage,  or  by 
authority  of  law,  and  to  maintain  the  separation  of  church 
and  State. 

§615.  At  the  same  time  the  Constitution  extends  its 
protection  alike  to  all  religious  denominations,  and  by  thus 
allowing  to  every  citizen  the  free  exercise  of  religion  ac- 
cording to  the  dictates  of  his  conscience,  secures  equal 
religious  liberty.  In  this  way  the  Constitution  seeks  to 
avoid  the  injustice,  intolerance,  and  other  evils  which  have 
accompanied  the  establishment  of  State  religions  in  the 
Old  World. 

§  616.  This  article  also  prohibits  Congress  from  making 
any  law  abridging  the  freedom  of  speech  or  of  the  press. 
The  liberty  of  speech  and  of  the  press  has  always  been 
considered  to  be  the  right  of  a  free  people.  In  many  coun 
tries,  however,  it  is  narrowly  restricted.  Some  govern 
ments  prohibit  the  printing  of  books  on  particular  subjects, 
unless  they  have  been  previously  examined  and  approved 
by  an  officer  of  the  government.  Others  require  an  author 
to  obtain  a  license  before  he  can  publish.  Similar  restraints 
have  been  applied  also  to  newspapers  and  periodicals,  which 
are  even  now  in  some  countries  subjected  to  a  censorship 
and  to  other  restrictions. 

§617.  Although,  by  the  Constitution,  a  man  may  freely 
epeak,  write,  and  publish  his  sentiments  on  all  subjects,  yet 


244  CONSTITUTIONAL   TEXT-BOOK. 

that  liberty  may  be  abused,  in  which  case  the  law  holds 
the  wrong-doer  responsible  for  such  abuse.  One  man  has 
no  right  to  speak  or  publish  false,  •scandalous,  and  ma- 
licious matter  concerning  another ;  such  things  constitute 
slanders  or  libels,  and  are  punishable  by  law.  The  liberty 
of  speech  or  of  the  press  does  not  justify  a  publication  of 
what  is  mischievous,  immoral,  or  illegal.  That  is  licen- 
tiousness, not  liberty. 

§  618.  By  our  law  no  man  can  be  restrained  from  pub- 
lishing whatever  he  pleases,  because  he  is  not  under  any 
obligation  to  submit  his  works  to  the  examination  of  any 
person  previous  to  publication,  and,  until  publication,  no 
one  can  know  what  the  work  contains.  But  the  author 
and  publisher  are  both  held  answerable  civilly  for  damages 
done  to  individuals,  and  criminally  for  the  public  oflfence, 
if  any  is  committed  by  such  publication,  in  whatever  it 
may  consist,  whether  in  its  tendency  to  lead  to  a  breach 
of  the  peace  or  to  corrupt  the  public  morals. 

§  619.  The  last  clause  of  this  article  declares  that  Con- 
gress shall  make  no  law  abridging  the  right  of  the  people 
peaceably  to  assemble  and  to  petition  the  government  for 
a  redress  of  grievances. 

§  620.  The  people  have  a  natural  right  to  petition  their 
rulers  for  a  redress  of  grievances,  and  it  is  the  object  of 
this  clause  to  protect  the  right  from  violation  by  Congress. 
It  must,  however,  be  exercised  peaceably,  lest,  under  pre- 
tence of  assembling  to  discuss  political  subjects  or  to  peti- 
tion the  government,  riotous,  tumultuous,  and  disorderly 
proceedings  take  place. 

§  621.  Petitions  and  memorials  may  be  addressed  to  the 
Senate  or  House  of  Representatives  by  any  person,  or  any 
number  of  persons,  and  are  presented  by  the  presiding 
officer,  or  by  a  member,  who  makes  verbally  a  brief  state 


ADDITIONAL   ARTICLES.  245 

ment  of  their  contents.  They  are  then  discussed  and  dis- 
posed of  according  to  the  rules  and  practice  of  the  Senate 
or  of  the  House,  as4;he  case  may  be. 

"Article  II.  A  well  regulated  Militia,  being  necessary 
t:  the  security  of  a  free  State,  the  right  of  the  people  to 
keep  and  bear  Arms,  shall  not  be  infringed." 

§  622.  If  citizens  are  allowed  to  keep  and  bear  arms, 
it  will  be  likely  to  operate  as  a  check  upon  their  rulers, 
and  restrain  them  from  acts  of  tyranny  and  usurpation. 
The  necessity  of  maintaining  a  large  standing  army  is 
also  diminished  by  arming  and  disciplining  the  citizens 
generally,  so  that  they  may  be  ready  and  qualified  at 
any  time,  to  defend  the  country  in  a  sudden  emergency. 

"Article  III.  No  Soldier  shall,  in  time  of  peace  be 
quartered  in  any  house,  without  thie  consent  of  the  Owner, 
nor  in  time  of  war,  but  in  a  manner  to  be  prescribed  by 
law." 

§623.  It  has  been' a  frequent  practice  in  arbitrary  go- 
vernments to  compel  the  subjects  to  board  or  lodge  the 
soldiers  of  the  army  in  time  of  peace.  It  is  evident  that 
this  violates  the  dominion  which  every  man  should  have 
over  his  own  house.  The  above  article  prohibits  such 
quartering,  as  it  is  called,  of  soldiers  in  the  houses  of  citi* 
zens  in  time  of  peace  against  the  consent  of  the  owner, 
and  provides  that,  if  soldiers  be  quartered  in  the  houses 
of  citizens  in  time  of  War,  it  shall  be  done,  not  arbitrarily 
or  capriciously,  but  in  such  manner  as  shall  be  prescribed 
by  law. 

"Article  IV.  The  right  of  the  people  to  be  secure  in 
their  persons,  houses,  papers,  and  effects,  against  unreason- 

21* 


246  CONSTITUTIONAL   TEXT-BOOK. 

able  searches  and  seizures,  shall  not  be  violated,  and  no 
Warrants  shall  issue,  but  upon  probable  cause,  supported 
•  by  Oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things  to  be 
Beized." 

§  624.  The  object  of  this  article  is  to  protect  the  per- 
sonal liberty  and  private  property  of  the  citizens  from 
interference.  It  secures  the  persons,  houses,  papers,  and 
effects  of  the  people  from  all  unreasonable  and  illegal 
searches  and  seizures. 

§  625.  It  was  an  ancient  doctrine  of  the  common  law  of 
England,  and  one  that  has  been  adopted  in  this  country, 
that  "  the  house  of  every  one  is  to  him  as  his  castle  and 
fortress,  as  well  for  his  defence  against  injury  and  violence, 
as  for  his  repose."  But  the  house  of  any  is  not  a  castle 
or  privilege  but  for  himself,  and  does  not  extend  to  a  per* 
son  who  flies  to  his  house,  or  the  goods  of  any  other  which 
are  brought  into  his  house,  to  prevent  a  lawful  execution, 
and  to  escape  the  ordinary  process  of  law ;  for  the  privi- 
lege of  his  house  extends  only  to  him  and  his  family,  and 
to  his  own  proper  goods,  or  to  those  which  are  there  law- 
fully and  without  fraud. 

§  626.  A  search-warrant  is  a  writ  requiring  the  officer 
to  whom  it  is  addressed,  to  search  a  house  or  other  place, 
for  property,  generally  such  as  is  alleged  to  be  stolen,  and 
if  it  be  found,  to  bring  the  goods  together  with  the  person 
occupying  the  premises,  who  is  named  in  the  warrant,  be- 
fore the  officer  issuing  it,  or  some  other  legally  authorized 
officer. 

§  627,  Warrants  are  mentioned  in  English  history,  and 
known  by  the  name  of  general  warrants,  which  authorized 
the  officer,  in  general  language,  to  search  any  place  or  to 


ADDITIONAL   ARTICLES.  247 

arrest  any  person  he  suspected,  without  describing  or 
naming  either  the  place  or  the  person,  and  without  stating 
any  probable  cause  for  the  search.  Such  warrants  are  pro- 
hibited by  this  article,  which  provides  that  no  warrant 
shall  issue  except  upon  probable  cause,  supported  by  oath 
or  affirmation,  and  particularly  describing  the  place  to  bo 
searched,  and  the  person  or  things  to  be  seized. 
• 
"  Article  V.  No  person  shall  be  held  to  answer  for  a 
capital,  or  otherwise  infamous  crime,  unless  on  a  present- 
ment or  indictment  of  a  Grand  .Jury,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  in  the  Militia,  when 
in  actual  service  in  time  of  War  or  public  danger ;  nor 
shall  any  person  be  subject  for  the  same  offence  to  be  twice 
put  in  jeopardy  of  life  or  limb ;  nor  shall  be  compelled  in 
any  Criminal  Case  to  be  a  witness  against  himself,  nor  be 
deprived  of  life,  liberty,  or  property,  without  due  process 
of  law ;  nor  shall  private  property  be  taken  for  public  use, 
without  just  compensation." 

§  628.  A  grand  jury  is  a  body  of  men  chosen  in  the 
manner  prescribed  by  law,  at  every  term  of  a  court  hav- 
ing criminal  jurisdiction.  In  the  State  courts  they  are 
selected  by  the  sheriff;  in  the  Federal  courts,  by  the  mar- 
shal. Their  number  must  not  be  less  than  twelve,  nor 
greater  than  twenty-four.  Their  duty  is  to  inquire  into 
all  crimes  committed  within  the  jurisdiction  of  the  court  in 
which  they  are  attending. 

§  629.  The  sittings  of  the  grand  jury  are  private.  They 
examine  under  oath  the  party  making  the  charge,  (who  is 
called  the  prosecutor,)  and  his  witnesses  ;  but  they  do  not 


248  CONSTITUTIONAL   TEXT-BOOK. 

hear  any  witnesses  in  defence.  If  twelve  of  the  jurors 
believe  that  there  is  sufficient  evidence  of  guilt,  to  require 
the  accused  to  be  put  on  trial  to  answer  a  bill  of  indict- 
ment for  the  alleged  offence,  which  has  been  submitted  to 
them  by  the  prosecuting  officer  of  the  government,  they 
endorse  on  the  bill  the  w^ords  "a  true  bill,"  to  which  the 
foreman  of  the  jury  subscribes  his  name  and  the  date. 
The  bill  is  then  said  to  be  found,  an  (J  is  taken  into  court 
by  the  jury  and  delivered  to  the  judge.  The  party  charged 
is  then  held  to  answer,  and  is  put  on  his  trial  in  due  course 
of  law. 

§  630.  If  the  grand  jury  think  the  accusation  is  not 
sufficiently  proved,  they  endorse  on  the  back  of  the  bill 
"not  a  true  bill,"  or  "not  found,"  or  "ignoramus,"  mean- 
ing we  are  ignorant  of  the  matter,  and  the  bill  is  then 
said  to  be  ignored.  An  indictment  is  founded  upon  the 
testimony  of  witnesses  examined  before  the  grand  jurors 
in  support  of  a  bill ;  a  presentment  is  the  notice  taken 
by  a  grand  jury  of  an  offence,  from  their  own  knowledge, 
or  upon  evidence  brought  before  them  where  no  bill  of 
indictment  has  been  submitted  to  them  by  the  prosecuting 
officer. 

§  631.  In  the  army  and  navy,  and  in  the  militia,  when 
in  actual  service,  offences  are  tried  and  punished  in  a  dif- 
ferent mode,  by  courts-martial,  or  otherwise,  according  to 
the  order  of  proceeding  pointed  out  in  the  articles  for  the 
government  of  the  army  and  navy.  Excepting  in  cases 
thus  arising  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service  in  time  of  war  or  public  danger,  it 
is  declared  by  this  article  that  no  person  shall  be  held  to 
answer  for  a  capital  or  otherwise  infamous  crime,  unless  on 
presentment  or  indictment  of  a  grand  jury.  Capital 
crimes  are  those  the  punishment  of  which  is  death. 


ADDITIONAL   ARTICLES.  249 

§  632.  The  next  provision  in  the  article  is,  that  no  per- 
son shall  be  subject  to  be  twice  put  in  jeopardy  of  life  or 
limb  for  the  same  offence  ;  in  other  words,  a  party  cannot 
be  tried  a  second  time,  for  the  same  offence  of  which  he 
has  already  been  once  acquitted  or  convicted.  Where  a 
man,  after  a  regular  acquittal  before  a  competent  court,  on 
a  sufficient  indictment,  is  indicted  again  for  the  same 
offence,  the  former  acquittal  is  an  effectual  answer  to  the 
second  indictment. 

§  633.  When  the  jury  on  the  first  trial  have  been  dis- 
charged, under  circumstances  in  which  there  was  a  necessity 
for  the  act,  and  they  consequently  did  not  give  any  verdict, 
or  where,  after  a  verdict  has  been  given  against  the  person 
charged,  he  has  had  a  new  trial  granted  him  by  the  court, 
he  may  still  be  tried  a  second  time,  for  in  such  cases  it  is 
not  considered  that  he  has  legally  been  put  in  jeopardy  of 
life  or  limb. 

§634.  It  is  next  provided  that  no  person  shall  be  com- 
pelled in  any  criminal  case  to  be  a  witness  against  himself. 
Torture  and  other  forcible  means  have  been  resorted  to  in 
some  countries  to  obtain  from  criminals,  confessions  or  ad- 
missions to  be  used  as  evidence  against  themselves.  Such 
cruel  and  unjust  proceedings  are  effectually  prohibited  by 
this  clause.  In  all  criminal  cases  the  guilt  of  the  prisoner 
must  be  proved,  if  proved  at  all,  by  the  evidence  brought 
forward  against  him.  If  that  evidence  be  insufficient,  he 
must  be  acquitted.  The  law  presumes  that  he  is  innocent, 
until  the  contrary  appears.  His  free,  voluntary  admis- 
sions may  be  given  in  evidence ;  but  he  cannot  be  com- 
pelled to  testify  against  himself.  He  cannot  even  be 
questioned  as  to  his  guilt  or  innocence. 

§635.  The  next  provision  is,  that  no  person  shall  bo 


250  CONSTITUTIONAL   TEXT-BOOK. 

deprived  of  life,  liberty,  or  property  without  due  process 
of  law. 

This  is  an  important  provision,  and  of  very  extensive 
Bignification.  It  is  a  principle  of  justice  that  the  life, 
liberty,  and  property  of  a  citizen  should  be  protected  from 
all  illegal  interference  on  the  part,  either  of  other  citizens, 
or  of  the  rulers.  Government  would  otherwise  become  im- 
possible, and  would  degenerate  into  a  mere  instrument  of 
unlimited  oppression.  The  general  meaning  of  the  clause 
is,  that  no  citizen  shall  be  deprived  of  his  life,  his  liberty, 
or  his  property,  except  by  the  regular  administration  of 
the  laws  of  the  land. 

§  636.  The  last  clause  of  the  article  declares  that  private 
property  shall  not  be  taken  for  public  use,  without  just 
compensation. 

It  is  evident  that  there  would  be  no  security  for  the 
property  of  a  citizen  if  it  could  be  taken  from  him  at  the 
will  of  the  government.  On  the  other  hand,  necessity  or 
the  public  good  may  sometimes  require  that  private  pro- 
perty shall  yield  to  the  general  interest.  Accordingly, 
there  is  a  right,  called  the  right  of  eminent  domain,  by 
which  the  government,  in  certain  cases,  may  take  the 
property  of  individuals  for  public  purposes.  It  is  by  virtue 
of  this  right  that  highways,  turnpikes,  railroads,  canals, 
bridges,  and  other  public  improvements,  are  authorized  to 
be  laid  out  through  or  upon  the  property  of  individuals, 
even  against  their  consent. 

§  637.  The  reason  of  this  is  that  the  public  interest  of 
the  whole  community  is  considered  to  be  superior  to  the 
private  interest  of  a  single  individual.  But  the  article  we 
are  now  considering  imposes  an  important  check  upon  the 
exercise  of  this  right,  by  declaring  that  private  property 
cannot  be  taken  for  public  use,  unless  just  compensation  is 


ADDITIONAL   ARTICLES.  251 

made  to  the  owner.  To  take  it,  even  for  public  use,  with- 
out such  compensation  for  the  damages  done  tb  the  owner, 
would  be  illegal  and  unconstitutional.  The  amount  of 
compensation  may  be  ascertained  in  any  just  mode  pointed 
out  by  law ;  it  is  generally  required  to  be  determined  by  a 
jury,  who  may  examine  the  premises,  and  must  give  each 
party  an  opportunity  to  be  fully  heard  and  to  produce 
witnesses. ' 

§  638.  Property  taken  compulsorily,  in  the  exercise  of 
the  right  of  eminent  domain,  must  be  taken  for  public  usea 
and  service.  The  property  of  an  individual  cannot  be 
taken,  even  under  the  authority  of  the  government,  for 
private  uses,  without  the  consent  of  the  owner. 

"  Article  VI.  In  all  criminal  prosecutions,  the  accused 
shall  enjoy  the  right  to  a  speedy  and  public  trial,  by  an 
impartial  jury  of  the  State  and  district  wherein  the  crime 
shall  have  been  committed,  which  district  shall  have  been 
previously  ascertained  by  law,  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation ;  to  be  confronted  with 
the  witnesses  against  him;  to  have  Compulsory  process 
for  obtaining  "Witnesses  in  his  favour,  and  to  have  the 
Assistance  of  Counsel  for  his  defence. 


The  above  article  contains  several  important  pro- 
visions, the  object  of  which  is  to  secure  justice  and  im- 
partiality in  the  trial  of  criminal  prosecutions. 

§  640.  The  accused  is  to  have  a  speedy  and  public  trial, 
by  an  impartial  jury  of  the  State  and  district  wherein  the 
crime  has  been  committed,  which  district  shall  have  been 
previously  ascertained  by  law.  The  trial  is  to  be  speedy, 
otherwise  justice  might  be  unreasonably  delayed ;  it  is  to 


252  CONSTITUTIONAL   TEXT-BOOK. 

be  public,  for  publicity  is  more  likely  to  ensure  fairness  on 
the  part  of  the  court  and  jury. 

§  641.  The  impartiality  of  the  jury  is  further  secured  by 
a  right  which  the  prisoner  has  by  law,  to  challenge,  or  ob- 
ject to  such  jurors  as  have  formed  and  expressed  an  opi- 
nion about  his  guilt,  or  are  otherwise  disqualified  to  sit  as 
jurors.  We  have  already  seen,  (§514,)  that  the  States 
are,  by  act  of  Congress,  divided  into  judicial  districts,  in 
each  of  which  is  established  a  district  court  for,  among 
other  purposes,  the  trial  of  criminal  cases. 

§  642.  The  prisoner  is  to  be  informed  of  the  nature  and 
cause  of  the  accusation,  so  that  he  will  know  what  the 
charge  is  which  he  is  to  meet.  The  bill  of  indictment 
against  him  is  required  by  the  rules  of  law,  to  set  forth  the 
offence  charged,  and  the  circumstances  of  its  commission. 
The  witnesses  against  him  are  to  be  examined  in  his  pre- 
sence ;  he  is  entitled  to  a  subpoena,  or  other  compulsory 
process  of  the  court,  for  obtaining  witnesses  in  his  favour, 
and  he  is  allowed  the  assistance  of  legal  counsel  for  his 
defence. 

"  Article  VII.  In  suits  at  common  law,  where  the 
value  in  controversy  shall  exceed  twenty  dollars,  the  right 
of  trial  by  jury  shall  be  preserved,  and  no  fact  tried  by 
a  jury,  shall  be  otherwise  re-examined  in  any  Court  of 
the  United  States,  than  according  to  the  rules  of  the  com- 
mon law." 

§6i3.  The  Constitution,  as  we  have  seen  in  art.  III., 
sec.  2,  clause  3,  declares  that  the  trial  of  all  crimes,  ex- 
cept in  cases  of  impeachment,  shall  be  by  jury.  It  did 
not,  however,  contain  any  express  provision  for  trial  by 
jury  in    civil    cases.     From  the  silence   of  tlie  Constitu- 


ADDITIONAL   ARTICLES.  25^ 

tion  on  this  subject,  the  opponents  of  its  ratification 
argued  that  it  tended  to  abolish  the  trial  bj  jury  in  civil 
cases. 

§  644.  This  amendment  was  adopted  to  meet  the  objec- 
tion. It  preserves  the  right  of  trial  by  jury  in  suits  at 
common  law,  (by  which  is  meant  the  common  law  of  Eng- 
land as  adopted  in  this  country,)  where  the  value  in  con- 
troversy exceeds  twenty  dollars.  The  judicial  power  of 
the  United  States  (by  art.  III.,  sec.  2,  clause  3)  extends 
to  all  cases  in  law  and  equity  arising  under  the  Constitu- 
tion and  laws  of  the  United  States,  and  to  all  cases  of 
admiralty  and  maritime  jurisdiction.  It  is  only  in  the 
cases  at  law,  or  as  it  is  called  in  this  article,  common  law, 
that  the  right  of  trial  by  jury  is  preserved.  In  cases  of 
equity,  and  of  admiralty  or  maritime  jurisdiction,  the  mode 
of  trial  is  different,  for  the  judge  in  such  cases  determines 
the  facts  as  well  as  the  law. 

§  645.  It  is  also  provided  in  this  clause  that  no  fact 
tried  by  a  jury  shall  be  otherwise  re-examined  in  any 
court  of  the  United  States,  than  according  to  the  rules  of 
the  common  law.  There  are  certain  modes,  such,  among 
others,  as  motion  for  new  trial,  or  writ  of  error,  known  to  the 
common  law,  in  which  facts  tried  by  a  jury  in  any  case 
can  be  re-examined  by  the  court  in  which  the  cause  was 
tried,  or  by  another  court.  This  article,  in  order  to  give 
full  force  and  effect  to  the  verdict  of  a  jury,  so  that  it  may 
not  be  arbitrarily  disregarded,  declares  that  no  fact  which 
has  once  been  tried  by  a  jury,  shall  be  examined  again  in 
any  court  of  the  United  States,  except  according  to  the 
rules  of  the  common  law,  such,  for  instance,  as  those  men- 
tioned above. 


"  Article  VIII.  Excessive  bail  shall  not  be  required, 

22 


254  CONSTITUTIONAL   TEXT-BOOK. 

nor  excessive  fines  imposed,  nor  cruel  and  unusual  punish 
ments  inflicted."     , 

§  646.  Bj  bail  is  meant  the  security  given  for  the  re- 
lease of  a  prisoner  from  custody,  and  his  appearance  at  a 
particular  day,  in  court,  or  at  a  certain  place.  A  party 
who  produces  sureties,  who  become  bound  for  his  future 
appearance,  is  said  to  be  admitted  to  bail ;  he  is  then  dis- 
charged from  custody,  and  the  sureties  become  responsible 
for  his  appearance  at  the  time  and  place  named.  If  bail 
is  required  in  a  very  large  amount,  it  would  be  difficult,  or 
perhaps  impossible,  for  a  citizen  to  obtain  sureties  willing 
to  assume  so  great  a  responsibility,  and  the  party  would 
then  be  committed  to  prison  in  default  of  bail.  In  order 
that  oppression  may  not  be  practised  in  this  way,  it  is  pro- 
vided that  excessive  bail  shall  not  be  required. 

§  647.  The  courts  are  frequently  authorized  by  law  to 
punish  offences  by  fines.  If  these  fines  are  extravagant 
in  amount,  it  may  be  beyond  the  prisoner's  ability  to  pay 
them.  This  article,  therefore,  declares  that  excessive 
fines  shall  not  be  imposed ;  and  in  the  same  spirit  of  mild- 
ness it  also  prohibits  the  infliction  of  cruel  and  unusual 
punishments. 

"Article  IX.  The  enumeration  in  the  Constitution,  of 
certain  rights,  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people." 

§  648.  This  means  that,  because  the  Constitution  recites 
particular  rights  which  belong  to  the  people,  it  is  not 
therefore  to  be  inferred  that  the  people  have  no  oth-er 
rights.  The  enumeration  of  certain  rights  is  nOt  to  be 
construed  as  a  denial  or  disparagement  of  other  rights 
retained  by  the  people. 


ADDITIONAL   ARTICLES.  255 

*' Article  X.  The  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by  it  to  the 
States,  are  reserved  to  the  States  respectively,  or  to  the 
people." 

§  649.  The  government  of  the  United  States  is  one  of 
defined  and  limited  extent.  It  is  created  by  the  Constitu- 
tion, and  possesses  only  such  powers  as  are  conferred  upon 
it  by  the  Constitution.  It  can  exercise  no  powers  but  those 
which  it  derives  from  the  Constitution.  The  States  were 
jealous  of  their  own  sovereignty^  and  were  fearful  that 
their  rights  would  be  diminished  or  invaded  by  the  general 
government.  Hence  this  amendment  was  adopted,  which 
provides  expressly  that,  the  powers  which  are  not  delegated 
to  the  United  States  by  the  Constitution,  nor  prohibited 
by  it  to  the  States,  are  to  be  considered  as  retained  by  the 
States  or  by  the  people. 

"Article  XL  The  Judicial  power  of  the  United  States 
shall  not  be  construed  to  extend  to  any  suit  in  law  or 
equity,  commenced  or  prosecuted  against  one  of  the  United 
States  by  Citizens  of  another  State,  or  by  Citizens  or 
Subjects  of  any  Foreign  State." 

We  have  already  spoken  of  this  article.     See  §  524. 

"Article  XII.  The  Electors  shall  meet  in  their  re- 
spective states,  and  vote  by  ballot  for  President  and  Vice- 
President,  one  of  whom,  at  least,  shall  not  be  an  inhabitant 
of  the  same  state  with  themselves ;  they  shall  name  in 
their  ballots  the  person  voted  for  as  President,' and  in  dis- 
tinct ballots  the  person  voted  for  as  Vice-President,  and 
they  shall  make  distinct  lists  of  all  persons  voted  for  aa 


256  CONSTITUTIONAL   TEXT-BOOK. 

President,  and  of  all  persons  voted  for  as  Yice-President, 
and  of  the  number  of  votes  for  each,  which  lists  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  Presi- 
dent of  the  Senate ; — The  President  of  the  Senate  shall, 
in  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates  and  the  votes  shall  then  be 
counted ; — The  person  having  the  greatest  number  of  votes 
for  President,  shall  be  the  President,  if  such  number  be  a 
majority  of  the  whole  number  of  Electors  appointed ;  and 
if  no  person  have  such  majority,  then  from  the  persons 
having  the  highest  numbers  not  exceeding  three  on  the  list 
of  those  voted  for  as  President,  the  House  of  Representa- 
tives shall  choose  immediately,  by  ballot,  the  President. 
But  in  choosing  the  President,  the  votes  shall  be  taken  by 
states,  the  representation  from  each  state  having  one  vote  ; 
a  quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  states,  and  a  majority  of 
all  the  states  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President 
whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the 
Vice-President  shall  act  as  President,  as  in  the  case  of 
the  death  or  other  constitutional  disability  of  the  Presi- 
dent. — The  person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice-President,  if  such  number 
be  a  majority  of  the  whole  number  of  Electors  appointed, 
and  if  no  person  have  a  majority,  then  from  the  two  high- 


ADDITIONAL  ARTICLES.  257 

est  numbers  on  the  list,  the  Senate  shall  choose  the  Vice- 
President  ;  a  quorum  for  the  purpose  shall  consist  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a  majority 
of  the  whole  number  shall  be  necessary  to  a  choice.  But 
no  person  constitutionally  ineligible  to  the  office  of  Presi- 
dent shall  be  eligible  to  that  of  Vice-President  of  the 
[Jnited  States." 

This  article  has  been  considered  in  a  former  part  of  the 
work.     Sec 


»• 


APPENDIX. 


I. 

THE   DECLARATION  OF  RIGHTS. 


n. 

THE  DECLARATION  OF  INDEPENDENCE. 


iH. 


THE  ARTICLES  OF  CONFEDERATION.-^ 

IV. 

WASHINGTON'S  FAREWELL  ADDRESS  TO  THE 
AMERICAN   PEOPLE. 


259 


APPENDIX. 


We  have  already  stated  that  the  first  Continental  Congress, 
which  assembled  at  Philadelphia  September  6,  1774,  adopted  a 
Declaration  of  Rights.  (§21.)  The  following  is  the  document, 
as  finally  agreed  upon  by  the  Congress,  October  14,  1775.  It  is 
confined  to  the  consideration  of  such  rights  as  had  been  infringed 
by  acts  of  the  British  Parliament  since  the  year  1763,  for  the 
further  consideration  of  the  general  state  of  American  rights  was 
postponed  until  a  subsequent  day. 

DECLARATION  OP  RIGHTS. 

Whereas,  since  the  close  of  the  last  war,  the  British  parlia- 
ment claiming  a  power  of  right,  to  bind  the  people  of  America 
by  statutes  in  all  cases  whatsoever,  hath,  in  some  acts,  expressly 
imposed  taxes  on  them,  and  in  others,  under  various  pretences, 
but  in  fact  for  the  purpose  of  raising  a  revenue,  hath  imposed 
rates  and  duties  payable  in  these  colonies,  established  a  board  of 
<5ommissioners,  with  unconstitutional  powers,  and  extended  the 
jurisdiction  of  courts  of  admiralty,  not  only  for  collecting  the 
said  duties,  but  for  the  trial  of  causes  merely  arising  within  the 
body  of  a  county. 

And  whereas,  in  consequence  of  other  statutes,  judges,  who 
before  held  only  estates  at  will  in  their  offices,  have  been  made 
dependant  on  the  crown  alone  for  their  salaries,  and  standing 
armies  kept  in  times  of  peace:  And  whereas  it  has  lately  been 
resolved  in  parliament,  that  by  force  of  a  statute,  made  in  the 
thirty-fifth  year  of  the  reign  of  king  Henry  the  eighth,  colonists 
may  be  transported  to  England,  and  tried  there  upon  accusations 
for  treasons,  and  misprisions,  or  concealments  of  treasons  com- 
2G0 


DECLARATION   OF   RIGHTS.  261 

mitted  in  the  colonies,  and  by  a  late  statute,  such  trials  have 
been  directed  in  cases  therein  mentioned. 

And  whereas,  in  the  last  session  of  parliament,  three  statutes 
were  made ;  one,  entitled  an  "  Act  to  discontinue,  in  such  man- 
"  ner  and  for  such  time  as  are  therein  mentioned,  the  landing 
'*  and  discharging,  lading,  or  shipping  of  goods,  wares  and  mer- 
**chandise,  at  the  town,  and  within  the  harbour  of  Boston,  in 
*•  the  province  of  Massachusetts-Bay,  in  North-America;"  another, 
entitled  "An  act  for  the  better  regulating  the  governi^ient  of 
"  the  province  of  Massachusetts-Bay  in  New-England  j"  and 
another,  entitled  "An  act  for  the  impartial  administration  of 
"justice,  in  the  cases  of  persons  questioned  for  any  act  done  by 
"them  in  the  execution  of  the  law,  or  for  the  suppression  of 
"riots  and  tumults,  in  the  province  of  the  Massachusetts-Bay,' 
"  in  New-England  ;'*  and  another  statute  was  then  made,  "  for 
"  making  more  effectual  provision  for  the  government  of  the  pro- 
"  vince  of  Quebec,  &c."  All  which  statutes  are  impolitic,  unjust, 
and  cruel,  as  well  as  unconstitutional,  and  most  dangerous  and 
destructive  of  American  rights. 

And  whereas,  assemblies  have  been  frequently  dissolved,  con- 
trary to  the  rights  of  the  people,  when  they  attempted  to  delibe- 
rate on  grievances ;  and  their  dutiful,  humble,  loyal,  and  reason- 
able petitions  to  the  crown  for  redress,  have  been  repeatedly 
treated  with  contempt,  by  his  majesty's  ministers  of  state : 

The  good  people  of  the  several  colonies  of  New-Hampshire, 
Massachusetts-Bay,  Rhode-Island  and  Providence  Plantations, 
Connecticut,  New- York,  New- Jersey,  Pennsylvania,  New-Castle, 
Kent,  and  Sussex,  on  Delaware,  Maryland,  Virginia,  North- 
Carolina,  and  South-Carolina,  justly  alarmed  at  these  arbitrary 
proceedings  of  parliament  and  administration,  have  severally 
elected,  constituted,  and  appointed  deputies  to  meet,  and  sit  in 
General  Congress,  in  the  city  of  Philadelphia,  in  order  to  obtain 
such  establishment,  as  that  their  religion,  laws,  and  liberties, 
may  not  be  subverted.  Whereupon  the  deputies  so  appointed^ 
being  now  assembled,  in  a  full  and  free  representation  of  these 
colonies,  taking  into  their  most  serious  consideration,  the  best 
means  of  attaining  the  ends  aforesaid,  do,  in  the  first  place,  aa 
Englishmen,  their  ancestors  in  like  cases  have  usually  done,  for 
affecting  and  vindicating  their  rights  and  liberties,  DECLARE, 

That  the  inhabitants  of  the  English  colonies  in  North-America, 
by  the  immutable  laws  of  nature,  the  principles  of  the  English 
constitution,  and  the  several  charters  or  compacts,  have  the  fol- 
lowing RIGHTS : 


262  APPENDIX. 

Resolved,  N.  C.  D*  1.  That  they  are  entitled  to  life,  liberty, 
and  property,  and  they  have  never  ceded  to  any  sovereign  power 
whatever,  a  right  to  dispose  of  either  without  their  conseat. 

Resolved,  N.  0.  D.  2.  That  our  ancestors,  who  first  settled 
these  colonies,  were  at  the  time  of  their  emigration  from  the 
mother  country,  entitled  to  all  the  rights,  liberties,  and  immuni- 
ties of  free  and  natural-born  subjects,  within  the  realm  of 
England. 

Resolved,  N.  C.  D.  3.  That  by  such  emigration  they  by  no 
moans  forfeited,  surrendered,  or  lost  any  of  those  rights,  but  that 
they  were,  and  their  descendants  now  are,  entitled  to  the  exer- 
cise and  enjoyment  of  all  such  of  them,  as  their  local  and  other 
circumstances  enable  them  to  exercise  and  enjoy. 

Resolved,  4.  That  the  foundation  of  English  liberty,  and  of 
all  free  government,  is  a  right  in  the  people  to  participate  in  their 
legislative  council :  and  as  the  English  colonists  are  not  repre- 
sented, and  from  their  local  and  other  circumstances,  cannot  pro- 
perly be  represented  in  the  British  parliament,  they  are  entitled  to 
a  free  and  exclusive  power  of  legislation  in  their  several  provincial 
legislatures,  where  their  right  of  representation  can  alone  be  pre- 
served, in  all  cases  of  taxation  and  internal  polity,  subject  only 
to  the  negative  of  their  sovereign,  in  such  manner  as  has  been 
heretofore  used  and  accustomed.  But,  from  the  necessity  of  the 
case,  and  a  regard  to  the  mutual  interest  of  both  countries,  we 
cheerfully  consent  to  the  operation  of  such  acts  of  the  British 
parliament,  as  are  bona  fide,  restrained  to  the  regulation  of  our 
external  commerce,  for  the  purpose  of  securing  the  commercial 
advantages  of  the  whole  empire  to  the  mother  country,  and  the 
commercial  benefits  of  its  respective  members;  excluding  every 
idea  of  taxation  internal  or  external,  for  raising  a  revenue  on 
the  subjects  in  America,  without  their  consent. 

Resolved,  N.  C.  D.  5.  That  the  respective  colonies  are  enti- 
tled to  the  common  law  of  England,,  and  more  especially  to  the 
great  and  inestimable  privilege  of  being  tried  by  their  peers  of 
the  vicinage,  according  to  the  course  of  that  law. 

Resolved,  6.  That  they  are  entitled  to  the  benefit  of  such  of  the 
English  statutes,  as  existed  at  the  time  of  their  colonization  ; 
and  which  they  have,  by  experience,  respectively  found  to  be 
applicable  to  their  several  local  and  other  circumstance?. 

Resolved^  N.  C.  D.  7.  That  these,  his  majesty's  colonies,  are 

*  An  abbreviation  for  nemine  contr  \dieente ;  that  ia,  no  one  opposing  or  dia- 
agreeing. 


DECLARATION    OF   RIGHTS.  263 

likewise  entitled  to  all  the  immunities  and  privileges  granted  and 
confirmed  to  them  by  royal  charters,  or  secured  by  their  several 
codes  of  provincial  laws. 

Resolved,  N.  G.  D.  8.  That  they  have  a  right  peaceably  to 
assemble,  consider  of  their  grievances,  and  petition  the  king; 
and  that  all  prosecutions,  prohibitory  proclamations,  and  commit- 
ments for  the  same,  are  illegal. 

Resolvedj  N.  G.  D.  9.  That  the  keeping  a  standing  army  in 
these  colonies,  in  times  of  peace,  without  the  consent  of  ihe 
legislature  of  that  colony,  in  which  such  army  is  kept,  is  against 
law. 

Resolved,  N.  G.  D.  10.  It  is  indispensably  necessary  to  good 
government,  and  rendered  essential  by  the  English  constitution, 
that  the  constituent  branches  of  the  legislature  be  independent 
of  each  other;  that,  therefore,  the  e;s:ercise  of  legislative  power 
in  several  colonies,  by  a  council  appointed,  during  pleasure,  by 
the  crown,  is  unconstitutional,  dangerous  and  destructive  to  ihe 
freedom  of  American  legislation. 

All  and  each  of  which  the  aforesaid  deputies,  in  behalf  of 
themselves,  and  their  constituents,  do  claim,  demand,  and  insist 
on,  as  their  indubitable  rights  and  liberties ;  which  cannot  be 
legally  taken  from  them,  altered  or  abridged  by  any  power  what- 
ever, without  their  own  consent,  by  their  representatives  in  their 
several  provincial  legislatures. 

In  the  course  of  our  inquiry,  we  find  many  infringements  and 
violations  of  the  foregoing  rights,  which  from  an  ardent  desire, 
that  harmony  and  mutual  intercourse  of  affection  and  interest  may 
be  restored,  we  pass  over  for  the  present,  and  proceed  to  state 
such  acts  and  measures  as  have  been  adopted  since  the  last  war, 
which  demonstrate  a  system  formed  to  enslave  America. 

Resolved,  N.  G.  D.  That  the  following  acts  of  parliament  are 
infringements  and  violations  of  the  rights  of  the  colonists ;  and 
that  the  repeal  of  them  is  essentially  necessary,  in  order  to  re- 
store harmony  between  Great  Britain  and  the  American  colonies, 
viz. 

The  several  acts  of  4  Geo.  III.  ch.  15,  and  ch.  34. — 5  Geo. 
III.  ch.  25.-6  Geo.  III.  ch.  52.-7  Geo.  III.  ch.  41,  and  ch. 
46. — 8  Geo.  III.  ch.  22,  which  impose  duties  for  the  purpose  of 
raising  a  revenue  in  America,  extend  the  power  of  the  admiralty 
courts  beyond  their  ancient  limits,  deprive  the  American  subject 
of  trial  by  jury,  authorize  the  judges'  certificate  to  indemnify 
the  prosecutor  from  damages,  that  he  might  otherwise  be  liable 
to,  requiring  oppressive  security  from  a  claimant  of  ships  and 


264  APPENDIX. 

goods  seized,  before  he  shall  be  allowed  to  defend  his  property, 
and  are  subversive  of  American  rights. 

Also  12  Geo.  III.  ch.  24,  entitled  "An  act  for  the  better 
"securing  his  majesty's  dock-yards,  magazines,  ships,  ammuni 
"  tion,  and  stores,"  which  declares  a  new  offence  in  America,  ana 
deprives  the  American  subject  of  a  constitutional  trial  by  jury 
of  the  vicinage,  by  authorizing  the  trial  of  any  person,  charged 
with  the  committing  any  offence  described  in  the  said  act,  out  of 
the  realm,  to  be  indicted  and  tried  for  the  same  in  any  shire  or 
county  within  the  realm. 

Also  the  three  acts  passed  in  the  last  session  of  parliament, 
for  stopping  the  port  and  blocking  up  the  harbour  of  Boston,  for 
altering  the  charter  and  government  of  Massachusetts-Bay,  and 
that  which  is  entitled  "An  act  for  the  better  administration  of 
"justice,"  &c. 

Also  the  act  passed  in  the  same  session  for  establishing  the 
Koman  Catholic  religion,  in  the  province  of  Quebec,  abolishing 
the  equitable  system  of  English  laws,  and  erecting  a  tyranny 
there,  to  the  great  danger,  (from  so  total  a  dissimilarity  of  reli- 
gion, law  and  government)  of  the  neighbouring  British  colonies, 
by  the  assistance  of  whose  blood  and  treasure  the  said  country 
was  conquered  from  France. 

Also  the  act  passed  in  the  same  session,  for  the  better  providing 
suitable  quarters  for  officers  and  soldiers  in  his  majesty's  service, 
in  North-America. 

Also,  that  the  keeping  a  standing  army  in  several  of  these 
colonies,  in  time  of  peace,  without  the  consent  of  the  legislature 
of  that  colony,  in  which  such  army  is  kept,  is  against  law. 

To  these  grievous  acts  and  measures,  Americans  cannot  submit, 
but  in  hopes  their  fellow  subjects  in  Great-Britain  will,  on  a  re- 
vision of  them,  restore  us  to  that  state,  in  which  both  countries 
found  happiness  and  prosperity,  we  have  for  the  present,  only 
rt^solvftd  to  pursue  the  following  peaceable  measures  :  1.  To 
enter  into  a  non-importation,  non-consumption,  and  non-exporta- 
tion agneement  or  association.  2.  To  prepare  an  address  to  the 
people  of  Great-Britain,  and  a  memorial  to  the  inhabitants  of 
British  America :  and  3.  To  prepare  a  loyal  address  to  his 
majesty,  agreeable  to  resolutions  already  entered  into. 


DECLARATION  OF  INDEPENDENCE.        266 


n. 


rilP    DECLARATION    OF    INDEPENDENCE,  ADOPTED   BY   CON- 
GRESS JULY  4,  1776. 

A   DECLARATION     BY    THE     REPRESENTATIVES     OP   THE    UNITED 
STATES    OF   AMERICA,   IN    CONGRESS   ASSEMBLED. 

When,  in  the  course  of  human  events,  it  becomes  necessary 
for  one  people  to  dissolve  the  political  bands  which  have  con- 
nected them  with  another,  and  to  assume,  among  the  powers  of 
the  earth,  the  separate  and  equal  station  to  which  the  laws  of 
nature  and  of  nature's  God  entitle  them,  a  decent  respect  to  the 
opinions  of  mankind  requires  that  they  should  declare  the  causes 
which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  cre- 
ated equal ;  that  they  are  endowed  by  their  Creator  with  certain 
unalienable  rights;  that  among  these,  are  life,  liberty,  and  the 
pursuit  of  happiness.  That,  to  secure  these  rights,  governments 
are  instituted  among  men,  deriving  their  just  powers  from  the 
consent  of  the  governed;  that,  whenever  any  form  of  govern- 
ment becomes  destrxictive  of  these  ends,  it  is  the  right  of  the 
people  to  alter  or  to  abolish  it,  and  to  institute  a  new  government, 
laying  its  foundation  on  such  principles,  and  organizing  its  powers 
in  such  form,  as  to  them  shall  seem  most  likely  to  effect  their 
safely  and  happiness.  Prudence,  indeed,  will  dictate  that  go- 
vernments long  established,  should  not  be  changed  for  light  and 
transient  causes;  and,  accordingly,  all  experience  hath  shown, 
that  mankind  are  more  disposed  to  suffer,  while  evils  are  suffer- 
able,  than  to  right  themselves  by  abolishing  the  forms  to  which 
they  are  accustomed.  But,  when  a  long  train  of  abuses  and 
usurpations,  pursuing  invariably  the  same  object,  evinces  a  de- 
sign to  reduce  them  under  absolute  despotism,  it  is  their  right,  it 
is  their  duty,  to  throw  off  such  government,  and  to  provide  new 
guards  for  their  future  security.  Such  has  been  the  patient  suf- 
ferance of  these  colonies,  and  such  is  now  the  necessity  which 
constrains  them  to  alter  their  former  systems  of  government. 
The  history  of  the  present  king  of  Great  Britain  is  a  history  of 
repeated  injuries  and  usurpations,  all  having,  in  direct  objeci, 

23 


266  APPENDIX. 

the  establishment  of  an  absolute  tyranny  over  these  States.  To 
prove  this,  let  facts  be  submitted  to  a  can  did  world : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and 
necessary  for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation  till  his 
assent  should  be  obtained ;  and,  when  so  suspended,  he  has 
utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of 
large  districts  of  people,  unless  those  people  would  relinquish  the 
right  of  representation  in  the  legislature ;  a  right  inestimable  to 
them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  un- 
comfortable, and  distant  from  the  depository  of  their  public  records, 
for  the  sole  purpose  of  fatiguing  them  into  compliance  with  his 
measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected ;  whereby  the  legislative  powers,  incapable 
of  annihilation,  have  returned  to  the  people  at  large  for  their 
exercise ;  the  State  remaining,  in  the  mean  time,  exposed  to'all 
the  danger  of  invasion  from  without,  and  convulsions  within. 

He  has  endeavoured  to  prevent  the  population  of  these  States ; 
for  that  purpose,  obstructing  the  laws  for  naturalization  of  fo- 
reigners; refusing  to  pass  others  to  encourage  their  migration 
hither,  and  raising  the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing 
his  assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  tenure 
of  their  oflBces,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither 
swarms  of  officers  to  harass  our  people,  and  eat  out  their  sub- 
Btance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies, 
without  the  consent  of  our  legislature. 

He  has  affected  to  render  the  military  independent  of,  and 
superior  to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction 
foreign  to  our  constitution,  and  unacknowledged  by  our  laws; 
giving  his  assent  to  their  acts  of  pretended  legislation : 

For  quartei;ing  large  bodies  of  armed  troops  among  us  : 

For  protecting  them,  by  a  mock  trial,  from  punishment,  for 


DECLARATION  OF  INDEPENDENCE.         267 

any  murders  which  they  should  commit  on  the  inhabitants  of 
these  States : 

For  cutting  off  our  trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  without  our  consent : 
For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by 
jnry : 

For  transporting  us  beyond  seas  to  be  tried  for  pretended 
offences : 

For  abolishing  the  free  system  of  English  laws  in  a  neighbour- 
ing province,  establishing  therein  an  arbitrary  government,  and 
enlarging  its  boundaries,  so  as  to  render  it  at  once  an  example  and 
fit  instrument  for  introducing  the  same  absolute  rule  into  these 
colonies : 

For  taking  away  our  charters,  abolishing  our  most  valuable 
laws,  and  altering,  fundamentally,  the  powers  of  our  governments : 

For  suspending  our  own  legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has-abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our 
towns,  and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mer- 
cenaries to  complete  the  works  of  death,  desolation,  and  tyranny, 
already  begun,  with  circumstances  of  cruelty  and  perfidy  scarcely 
paralleled  in  the  most  barbarous  ages,  and  totally  unworthy  the 
head  of  a  civilized  nation. 

He  has  co*nstrained  our  fellow-citizens,  taken  captive  on  the 
high  seas,  to  bear  arms  against  their  country,  to  become  the  exe- 
cutioners of  their  friends  and  brethren,  or  to  fall  themselves  by 
their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has 
endeavoured  to  bring  on  the  inhabitants  of  our  frontiers,  the  mer- 
ciless Indian  savages,  whose  known  rule  of  warfare  is  an  undis- 
tinguished destruction,  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for 
redress,  in  the  most  humble  terms ;  our  repeated  petitions  have 
been  answered  only  by  repeated  injury.  A  prince,  whose  cha- 
racter is  thus  marked  by  every  act  which  may  define  a  tyrant,  is 
unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 

We  have  warned  them,  from  time  to  time,  of  attempts  made  by 
their  legislature  to  extend  an  unwarrantable  jurisdiction  over  us. 
We  have  reminded  them  of  the  circumstances  of  our  emigration 


208  APPENDIX. 

and  settlement  here.  We  have  appealed  to  their  native  justice 
and  magnanimity,  and  we  have  conjuied  them,  by  the  ties  of  oui 
comm<m  kindred,  to  disavow  these  usurpations,  which  would  in- 
evitably interrupt  our  connections  and  correspondence.  Tiiey, 
too,  have  been  deaf  to  the  voice  of  justice  and  consanguinity. 
AVe  must,  therefore,  acquiesce  in  the  necessity,  which  denounces 
our  separation,  and  hold  them  as  we  hold  the  rest  of  mankind, 
enemies  in  war,  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United  States  of 
America,  in  general  congress  assembled,  appealing  to  the 
Supreme  Judge  of  the  world  for  the  rectitude  of  our  intentions, 
do,  in  the  name,  and  by  the  authority  of  the  good  people  of 
these  colonies,  solemnly  publish  and  declare,  That  these  United 
Colonies  are,  and  of  right  ought  to  be,  free  and  independent 
States;  that  they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connexion  between  them  and  the  state 
of  Great  Britain,  is,  and  ought  to  be  totally  dissolved;  and  that, 
as  free  and  independent  States,  they  have  full  power  to  levy 
war,  conclude  peace,  contract  alliances,  establish  commerce,  and 
to  do  all  other  acts  and  things  which  independent  States  may 
of  right  do.  And,  for  the  support  of  this  declaration,  with  a 
firm  reliance  on  the  protection  of  DIVINE  PKOVII>fi>:CE,  we 
mutually  pledge  to  each  other,  our  lives,  our  fortunes,  and  our 
bacred  honor. 

The  foregoing  declaration  was,  by  order  of  Co/^ress,  engic»i«'«i, 
ftnd  signed  by  the  following  members  : 

JOHN  UANCOCK. 

New  Hampshire.  Connecticut. 

Josiah  Bartlett,  Roger  Sherman, 

William  Whipple,  Samuel  Huntington, 

Matthew  Thornton.  William  Williams, 

Oliver  Wolcott. 
Massachusetts  Bay. 

Samuel  Adams,  ^"^^^  ^«'•^• 

John  Adams,  William  Floyd, 

Robert  Treat  Paine,  Philip  Livingston, 

Elbridge  Gerry.  Francis  Lewis, 

Lewis  Morris. 
Rhode  Island. 

Stephen  Hopkins,  ^^^  •^«**««y- 

William  Ellery.  Richard  Stockton, 


DECLARATION  OF  INDEPENDENCE. 


269 


John  Witherspoon, 
Francis  Hopkinson, 
John  Hart, 
Abraham  Clark. 

Pennsylvania. 

Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 

Delaware. 

Caesar  Rodney, 
George  Read, 
Thomas  M'Kean. 

Maryland. 

Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
Charles  Carroll,  of  Carollton. 


Virginia. 

George  Wythe, 
Richard  Henry  Lee, 
Thomas  JeflFerson, 
Benjamin  Harrison, 
Thomas  Nelson,  jun. 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina. 

William  Hooper. 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 

Edward  Rutledge, 
Thomas  Heyward,  jun. 
Thomas  Lynch,  jun. 
Arthur  Middleton. 


Georgia. 

Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


Copies  of  the  foregoing  Declaration  were,  by  a  resolution  of 
Congress,  sent  to  the  several  assemblies,  conventions,, and  com- 
mittees, or  councils  of  safety,  and  to  the  several  commanding 
officers  of  the  continental  troops;  and  it  was  also  proclaimed  m 
each  of  the  United  States,  and  at  the  head  of  the  army. 


23* 


270  APPENDIX. 


III. 


We  Lave  already  spoken  (§  24)  of  the  adoption  of  the  Arti- 
cles of  Confederation.     They  are,  at  length,  as  follows : 

ARTICLES  OF  CONFEDERATION  AND  PERPETUAL  UNION 
BETWEEN  THE  STATES. 

To  all  to  whom  these  presents  shall  come,  we  the  under- 
signed Delegates  of  the  States  affixed  to  our  names,  send 
greeting : — Whereas  the  Delegates  of  the  United  States  of  Ame- 
rica in  Congress  assembled  did  on  the  15th  day  of  November  in 
the  Year  of  our  Lord  1777,  and  in  the  Second  Year  of  the  Inde- 
pendence of  America  agree  to  certain  articles  of  Confederation 
and  perpetual  Union  between  the  States  of  New-Hampshire, 
Massachusetts-bay,  Rhode-Island  and  Providence  Plantations, 
Connecticut,  New-York,  New-Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North-Carolina,  South-Carolina,  and  Georgia, 
in  the  words  following,  viz. 

Artieles  of  Confederation  and  Perpetual  Union  between 
the  States  of  New  Hampshire,  Massachusetts-bay,  Rhode 
Island  and  Providence  Plantations,  Connecticut,  NeW' 
York,  New- Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  North- Carolina,  South- Carolina,  and  Georgia, 

Article  I.  The  Stile  of  this  confederacy  shall  be  "The 
United  States  of  America." 

Article  II.  Each  state  retains  its  sovereignty,  freedom  and 
independence,  and  every  Power,  Jurisdiction  and  right,  which  is 
not  by  this  confederation  expressly  delegated  to  the  united  states, 
in  congress  assembled. 

Article  III.  The  said  states  hereby  severally  enter  into  a 
firm  league  of  friendship  witr.  each  other,  for  their  common  de- 
fence, the  security  of  their  Liberties,  and  their  mutual  and  gene- 
ral welfare,  binding  thems-^lves  to  assi^^t  each  other,  against  all 
force  oifered  to,  or  attacks  nade  upon  them,  or  any  of  them,  ou 


ARTICLES  OF  CONFEDERATION.  271 

account  of  religion,  sovereignty,  trade,   or  any  other  pretence 
whatever. 

Article  IV.  The  better  to  secure  and  perpetuate  mutual 
friendship  and  intercourse  among  the  people  of  tlie  different 
states  in  this  Union,  the  free  inhabitants  of  each  of  these  states, 
paupers,  vagabonds,  and  fugitives  from  Justice  excepted,  shall  be 
entitled  to  all  privileges  and  immunities  of  free  citizens  in  the 
several  states  j  and  the  people  of  each  state  shall  have  free  in« 
gress  and  regress  to  and  from  any  other  state,  and  shall  enjoy 
therein  all  the  privileges  of  trade  and  commerce,  subject  to  the 
same  duties,  impositions  and  restrictions  as  the  inhabitants  thereof 
respectively,  provided  that  such  restriction  shall  not  extend  so 
far  as  to  prevent  the  removal  of  property  imported  into  any  state, 
to  any  other  state  of  which  the  Owner  is  an  inhabitant;  pro- 
vided also  that  no  imposition,  duties  or  restriction  shall  be  laid  by 
any  state,  on  the  property  of  the  united  states,  or  either  of  them. 

If  any  person  guilty  of,  or  charged  with  treason,  felony,  or 
other  high  misdemeanor  in  any  state,  shall  flee  from  Justice,  and 
be  found  in  any  of  the  united  states,  he  shall  upon  demand  of 
the  Governor  or  executive  power,  of  the  state  from  which  he  flod, 
be  delivered  up  and  removed  to  the  state  having  jurisdiction  of 
his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  states  to 
the  records,  acts  and  judicial  proceedings  of  the  courts  and  ma- 
gistrates of  every  other  state. 

Article  V.  For  the  more  convenient  management  of  the 
general  interest  of  the  united  states,  delegates  shall  be  annually 
appointed  in  such  manner  as  the  legislature  of  each  state  shall 
*  direct,  to  meet  in  congress  on  the  first  Monday  in  November,  in 
every  year,  with  a  power  reserved  to  each  state,  to  recal  its  dele- 
gates, or  any  of  them,  at  any  time  within  the  year,  and  to  send 
others  in  their  stead,  for  the  remainder  of  the  Year. 

No  state  shall  be  represented  in  congress  by  less  than  two,  nor 
by  more  than  seven  members;  and  no  person  shall  be  capable  of 
-being  a  delegate  for  diore  than  three  years  in  any  term  of  six 
years ;  nor  shall  any  person,  being  a  delegate,  be  capable  of  hold- 
ing any  office  under  the  united  states,  for  which  he,  or  another 
for  his  benefit  receives  any  salary,  fees  or  emolument  of  any  kind. 

Each  state  shall  maintain  its  own  delegates  in  any  meeting  of 
the  states,  and  while  they  act  as  members  of  the  committee  of 
the  states. 


272  APPENDIX. 

In  determining  questions  in  the  united  states,  in  congress 
assembled,  each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  congress  shall  not  be  im- 
peached or  questioned  in  any  Court,  or  place  out  of  congress,  and 
the  members  of  congress  shall  be  protected  in  their  persons  from 
arrests  and  imprisonments,  during  the  time  of  their  going  to  and 
from,  and  attendance  on  congress,  except  for  treason,  felony,  or 
breach  of  the  peace. 

Article  VI.  No  state  without  the  Consent  of  the  united 
states  in  congress  assembled,  shall  send  any  embassy  to,  or  receive 
any  embassy  from,  or  enter  into  any  conference,  agreement,  alliance 
or  treaty  with  any  King  prince  or  state;  nor  shall  any  person 
holding  any  office  of  profit  or  trust  under  the  united  states,  or 
any  of  them,  accept  of  any  present,  emolument,  office  or  title  of 
any  kind  whatever  from  any  king,  prince,  or  foreign  state;  nor 
shall  the  united  states  in  congress  assembled,  or  any  of  them, 
grant  any  title  of  nobility. 

No  two  or  more  spates  shall  enter  into  any  treaty,  confederation 
or  alliance  whatever  between  them,  without  the  consent  of  the 
united  states  in  congress  assembled,  specifying  accurately  the 
purposes  for  which  the  same  is  to  be  entered  into,  and  how  long 
it  shall  continue. 

No  state  shall  lay  any  imposts  or  duties,  which  may  interfere 
with  any  stipulations  in  treaties,  entered  into  by  the  united  states 
in  congress  assembled,  with  any  king,  prince,  or  state,  in  pursu- 
ance of  any  treaties  already  proposed  by  congress,  to  the  courts 
of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any 
state,  except  such  number  only,  as  shall  be  deemed  necessary  by 
the  united  states  in  congress  assembled,  for  the  defence  of  such 
state,  or  its  trade ;  nor  shall  any  body  of  forces  be  kept  up  by 
any  state,  in  time  of  peace,  except  such  number  only,  as  in  the 
judgment  of  the  united  states,  in  congress  assembled,  shall  be 
deemed  requisite  to  garrison  the  forts  necessary  for  the  defence  of 
such  state ;  but  every  state  shall  always  keep  up  a  well  regulated 
and  disciplined  militia,  sufficiently  armed  and  accoutred,  and 
shall  provide  and  have  constantly  ready  for  use,  in  public  sto.es, 
a  due  number  of  field  pieces  ^nd  tents,  and  a  proper  quantity  of 
arms,  ammunition  and  camp  equipage. 

No  state  shall  engage  in  any  war  without  the  consent  of  the 
united  states  in  congress  assembled,  unless  such  state  be  actually 
invaded  by  enemies,  or  shall  have  received  certain  advice  of  a 


AR-nCLES    OF    CONFEDERATION.  273 

resolution  being  formed  by  some  nation  of  Indians  to  invado 
such  state,  and  the  danger  is  so  imminent  as  not  to  admit  of  a 
delay,  till  the  united  states  in  congress  assembled  can  be  con- 
sulted :  nor  shall  any  state  grant  commissions  to  any  ships  or 
vessels  of  war,  nor  letters  of  marque  or  reprisal,  except  it  be 
after  a  declaration  of  war  by  the  united  states  in  congress  as- 
F3mbled,  and  then  only  against  the  kinerdom  or  state  and  the 
subjects  thereof,  against  which  war  has  been  so  declared,  and 
under  such  regulations  as  shall  be  established  by  the  united 
states  in  congress  assembled,  unless  such  state  be  infested  by 
pirates,  in  which  case  vessels  of  war  may  be  fitted  out  for  that 
occasion,  and  kept  so  long  as  the  danger  shall  continue,  or  until 
the  united  states  in  congress  assembled  shall  determine  other- 
wise. 

Article  VII.  When  land-forces  are  raised  by  any  state  for 
the  common  defence,  all  ofl&cers  of  or  under  the  rank  of  colonel, 
shall  be  appointed  by  the  legislature  of  each  state  respectively  by 
whom  such  forces  shall  be  raised,  or  in  such  manner  as  such  state 
shall  direct,  and  all  vacancies  shall  be  filled  up  by  the  state  which 
first  made  the  appointment.  • 

Article  VIII.  All  charges  of  war,  and  all  other  expense? 
that  shall  be  incurred  for  the  common  defence  or  general  welfare, 
and  allowed  by  the  united  states  in  congress  assembled,  shall  bo 
defrayed  out  of  a  common  treasury,  which  shall  be  supplied  by 
the  several  states,  in  proportion  to  the  value  of  all  land  within 
each  state,  granted  to  or  surveyed  for  any  Person,  as  such  land 
and  the  buildings  and  improvements  thereon  shall  be  estimated 
aecording  to  such  mode  as  the  united  states  in  congress  assem- 
bled, shall  from  time  to  time,  direct  and  appoint.  The  'taxes  for 
paying  that  proportion  shall  be  laid  and  levied  by  the  authority 
and  direction  of  the  legislatures  of  the  several  states  within  the 
time  agreed  upon  by  the  united  states  in  congress  assembled. 

Article  IX.  The  united  states  in  congress  assembled,  shall 
have  the  sole  and  exclusive  right  and  power  of  determining  on 
peace  and  war,  except  in  cases  mentioned  in  the  6ih  article — of 
sending  and  receiving  ambassadors — entering  into  treaties  and 
alliances,  provided  that  no  treaty  of  commerce  shall  be  made 
whereby  the  legislative  power  of  the  respective  states  shall  bo 
restrained  from  imposing  such  imposts  and  duties  on  foreigners, 
as  their  own  people  are  subjected  to,  or  from  prohibiting  the  ex- 
p^irtation  or  importatioi   of  any  species  of  goods  or  commodities 


274  APPENDIX. 

whatsoever — of  establishing  rules  for  deciding  in  all  cases,  what 
captures  on  land  or  water  shall  be  legal,  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of  the  united 
states  shall  be  divided  or  appropriated — of  granting  letters  of 
marque  and  reprisal  in  times  of  peace — appointing  courts  for  the 
trial  of  piracies  and  felonies  committed  on  the  high  seas  and 
establishing  courts  for  receiving  and  determining  finally  appeals 
in  all  cases  of  captures,  provided  that  no  member  of  congress 
shall  be  appointed  a  judge  of  any  of  the  said  courts. 

The  united  states  in  congress  assembled  shall  also  be  the  last 
resort  on  appeal  in  all  disputes  and  differences  now  subsisting  or 
that  hereafter  may  arise  between  two  or  more  states  concerning 
boundary,  jurisdiction  or  any  other  cause  whatever;  which  au- 
thority shall  always  be  exercised  in  the  manner  following.  When- 
ever the  legislative  or  executive  authority  or  lawful  agent  of  any 
state  in  controversy  with  another  shall  present  a  petition  to  con- 
gress, stating  the  matter  in  question  and  praying  for  a  hearing, 
notice  thereof  shall  be  given  by  order  of  congress  to  the  legis- 
lative or  executive  authority  of  the  other  state  in  controversy, 
and  a  day  assigned  for  the  appearance  of  the  parties  by  their 
lawful  agents,  who  shall  then  be  directed  to  appoint  by  joint  con- 
sent, commissioners  or  judges  to  constitute  a  court  for  hearing 
and  determining  the  matter  in  question :  but  if  they  cannot 
agree,  congress  shall  name  three  persons,  out  of  each  of  the 
united  states,  and  from  the  list  of  such  persons  each  party  shall 
alternately  strike  out  one,  the  petitioners  beginning,  until  the 
number  shall  be  reduced  to  thirteen  ;  and  from  that  number  not 
less  than  seven,  nor  more  than  nine  names  as  congress  shall 
direct,  shall  in  the  presence  of  congress  be  drawn  out  by  lot,  and 
the  persons  whose  names  shall  be  so  drawn  or  any  five  of  them, 
shall  be  commissioners  or  judges,  to  hear  and  finally  determine 
the  controversy,  so  always  as  a  major  part  of  the  judges  who 
shall  hear  the  cause  shall  agree  in  the  determination  :  and  if 
either  party  shall  neglect  to  attend  at  the  day  appointed,  without 
showing  reasons,  which  congress  shall  judge  sufficient,  or  being 
present  shall  refuse  to  strike,  the  congress  shall  proceed  to  nomi- 
nate three  persons  out  of  each  state,  and  the  secretary  of  congress 
shall  strike  in  behalf  of  such  party  absent  or  refusing ;  and  the 
judgment  and  sentence  of  the  court  to  be  appointed,  in  the 
manner  before  prescribed,  shall  be  final  and  conclusive ;  and  if 
any  of  the  parties  shall  refuse  to  submit  to  the  authority  of  such 
court,  or  to  appear  or  defend  their  claim  or  cause,  the  court  shall 
nevertheless  proceed  to  pronounce  sentence,  or  judgment,  which 


ARTICLES   OF   C0^ FEDERATION.  275 

flhall  in  like  manner  be  final  and  decisive,  the  judgment  or  sen- 
tence and  other  proceedings  being  in  either  case  transmitted  to 
congress,  and  lodged  among  the  acts  of  congress  for  the  security 
of  the  parties  concerned :  provided  that  every  commissioner,  be- 
fore he  sits  in  judgment,  shall  take  an  oath  to  be  administered 
by  one  of  the  judges  of  the  supreme  or  superior  court  of  the 
state,  where  the  cause  shall  be  tried,  "  well  and  truly  to  hear  and 
determine  the  manner  in  question,  according  to  the  best  of  his 
judgment,  without  favour,  aflFection  or  hope  of  reward :"  pro- 
vided also  that  no  state  shall  be  deprived  of  territory  for  the 
benefit  of  the  united  states. 

All  controversies  concerning  the  private  right  of  soil  claimed 
under  different  grants  of  two  or  more  states,  whose  jurisdictions 
as  they  may  respect  such  lands,  and  the  states  which  passed  such 
grants  are  adjusted,  the  said  grants  or  either  of  them  being  at  the 
same  time  claimed  to  have  originated  antecedent  to  such  settle- 
ment of  jurisdiction,  shall  on  the  petition  of  either  party  to  the 
congress  of  the  united  states,  be  finally  determined  as  near  as 
may  be  in  the  same  manner  as  is  before  prescribed  for  deciding 
disputes  respecting  territorial  jurisdiction  between  different  states. 

The  united  states  in  congress  assembled  shall  also  have  the 
sole  and  exclusive  right  and  power  of  regulating  the  a.loy  and 
value  of  coin  struck  by  their  own  authority,  or  by  that  of  the 
respective  states — fixing  the  standard  of  weights  and  measures 
throughout  the  United  States — regulating  the  trade  and  managing 
all  affairs  with  the  Indians,  not  members  of  any  of  the  states, 
provided  that  the  legislative  right  of  any  state  within  its  own 
limits  be  not  infringed  or  violated — establishing  or  regulating 
post-ofl&ces  from  one  state  to  another,  throughout  all  the  united 
states,  and  exacting  such  postage  on  the  papers  passing*  thro'  the 
same  as  may  be  requisite  to  defray  the  expenses  of  the  said 
office — appointing  all  officers  of  the  land  forces,  in  the  service 
of  the  united  states,  excepting  regimental  officers — appointing 
all  the  officers  of  the  naval  forces,  and  commissioning  all  officers 
whatever  in  the  service  of  the  united  states — making  rules  for 
the  government  and  regulation  of  the  said  land  and  naval  forces, 
and  directing  their  operations. 

The  united  states  in  congress  assembled  shall  have  authority 
to  appoint  a  committee,  to  sit  in  the  recess  of  congress,  to  be 
denominated  *' A  Committee  of  the  States,''  and  to  consist  of  one 
delegate  from  each  state ;  and  to  appoint  such  other  committees 
and  civil  officers  as  may  be  necessary  for  managing  the  general 
affairs  of  the  united  states  under  their  direction — to  appoint  one 


276  APPENDIX. 

of  their  number  to  preside,  provided  that  no  p  jrson  be  allowed 
to  serve  in  the  ofl&ce  of  president  more  than  one  year  in  any  terra 
of  three  years ;  to  ascertain  the  necessary  sums  of  Money  to  be 
raised  for  the  service  of  the  united  states,  and  to  appropriate  and 
apply  the  same  for  defraying  the  public  expenses — ^to  borrow 
money,  or  emit  bills  on  the  credit  of  the  united  states,  transmit- 
ting every  half  year  to  the  respective  states  an  account  of  the 
sums  of  money  so  borrowed  or  emitted, — to  build  and  equip  a 
navy — to  agree  upon  the  number  of  land  forces,  and  to  make 
requisitions  from  each  state  for  its  quota,  in  proportion  to  the 
number  of  white  inhabitants  in  such  state;  which  requisition 
shall  be  binding,  and  thereupon  the  legislature  of  each  state  shall 
appoint  the  regimental  officers,  raise  the  men  and  cloath,  arm 
and  equip  them  in  a  soldier  like  manner,  at  the  expense  of  the 
united  states  j  and  the  officers  and  men  so  cloathed,  armed  and 
equipped  shall  march  to  the  place  appointed,  and  within  the  time 
agreed  on  by  the  united  states  in  congress  assembled  :  But  if 
the  united  states  in  congress  assembled  shall,  on  consideration  of 
circumstances  judge  proper  that  any  state  should  not  raise  men, 
or  should  raise  a  smaller  number  than  its  quota,  and  that  any  other 
state  should  raise  a  greater  number  of  men  than  the  quota  there- 
of, such  extra  number  shall  be  raised,  officered,  cloathed,  armed 
and  equipped  in  the  same  manner  as  the  quota  of  such  state, 
unless  the  legislature  of  such  state  shall  judge  that  such  extra 
number  cannot  be  safely  spared  out  of  the  same,  in  which  case 
they  shall  raise  officer,  cloath,  arm  and  equip  as  many  of  such 
extra  number  as  they  judge  can  be  safely  spared.  And  the 
officers  and  men  so  cloathed,  arn^ed  and  equipped,  shall  march 
to  the  place  appointed,  and  within  the  time  agreed  on  by  the 
united  states  in  congress  assembled. 

The  united  states  in  congress  assembled  shall  never  engage  in 
a  war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace, 
nor  enter  into  any  treaties  or  alliances,  nor  coin  money,  nor  regu- 
late the  value  thereof,  nor  ascertain  the  sums  and  expenses  neces- 
sary for  the  defence  and  welfare  of  the  united  states,  or  any  of 
them,  nor  emit  bills,  nor  borrow  money  on  the  credit  of  the 
united  states,  nor  appropriate  money,  nor  agree  upon  the  number 
of  vessels  of  war,  to  be  built  or  purchased,  or  the  number  of 
land  or  sea  forces  to  be  raised,  nor  appoint  a  commander  in  chief 
of  the  army  or  navy,  unless  nine  states  assent  to  the  same  :  nor 
shall  a  question  on  any  other  point,  except  for  adjourning  from 
day  to  day  be  determined,  unless  by  the  votes  of  a  majority  of 
rhe  united  states  in  congress  assembled. 


ARTICLES    OF   CONFEDERATION.  27T 

The  Congress  of  the  united  states  shall  have  power  to  adjourn 
to  any  time  within  the  year,  and  to  any  place  within  the  united 
states,  so  that  no  period  of  adjournment  be  for  a  longer  duration 
than  the  space  of  six  months,  and  shall  publish  the  Journal  of 
their  proceedings  monthly,  except  such  parts  thereof  relating  to 
treaties,  alliances  or  military  operations,  as  in  their  judgment 
require  secrecy;  and  the  yeas  and  nays  of  the  delegates  of  each 
state  on  any  question  shall  be  entered  on  the  Journal,  when  it  is 
desired  by  any  delegate ;  and  the  delegates  of  a  state,  or  any  of 
them,  at  his  or  their  request  shall  be  furnished  with  a  transcript 
of  the  said  Journal,  except  such  parts  as  are  above  excepted,  to 
lay  before  the  legislatures  of  the  several  states. 

Article  X.  The  committee  of  the  states,  or  any  nine  of  them, 
shall  be  authorized  to  execute,  in  the  recess  of  congress,  such  of 
the  powers  of  congress  as  the  united  states  in  congress  assembled, 
by  the  consent  of  nine  states,  shall  from  time  to  time  think  ex- 
pedient to  vest  them  with ;  provided  that  no  power  be  delegated 
to  the  said  committee,  for  the  exercise  of  which,  by  the  articles 
of  confederation,  the  voice  of  nine  states  in  the  congress  of  the 
united  states  assembled  is  requisite. 

Article  XI.  Canada  acceding  to  this  confederation,  and  join- 
ing in  the  measures  of  the  united  states,  shall  be  admitted  into, 
and  entitled  to  all  the  advantages  of  this  union ;  but  no  other 
colony  shall  be  admitted  into  the  same,  unless  such  admission  be 
agreed  to  by  nine  states. 

Article  XII.  All  bills  of  credit  emitted,  monies  borrowed 
and  debts  contracted  by,  or  under  the  authority  of  congress,  be- 
fore the  assembling  of  the  united  states,  in  pursuance  of  the 
present  confederation,  shall  be  deemed  and  considered  as  a  charge 
against  the  united  states,  for  payment  and  satisfaction  whereof 
the  said  united  states,  and  the  public  faith  are  hereby  solemnly 
pledged. 

Article  XIII.  Every  state  shall  abide  by  the  determinations 
of  the  united  states  in  congress  assembled,  on  all  questions  which 
by  this  confederation  is  submitted  to  them.  And  the  Articles  of 
this  confederation  shall  be  inviolably  observed  by  every  state,  and 
the  union  shall  be  perpetual ;  nor  shall  any  alterition  at  any  time 
hereafter  be  made  in  any  of  them;  unless  such  alteration"  be 
agreed  to  in  a  congress  of  the  united  states,  and  be  afterwards 
confirmed  by  the  legislatures  of  every  state. 

Ai.d  Whereas  it  hath  pleased  the  Great  Governor  of  the 
24 


278 


APPENDIX. 


World  to  incline  the  hearts  of  the  legislatures  we  respectively 
represent  in  congress,  to  approve  of,  and  to  authorize  us  to  ratifj 
the  said  articles  of  confederation  and  perpetual  union.  Know 
Ye  that  we  the  undersigned  delegates,  by  virtue  of  the  powei 
and  authority  to  us  given  for  that  purpose,  do  by  these  presents, 
in  the  name  and  in  behalf  of  our  respective  constituents,  fully 
and  entirely  ratify  and  confirm  each  and  every  of  the  said  articles 
of  confederation  and  perpetual  union,  and  all  and  singular  the 
matters  and  things  therein  contained :  And  we  do  furthur  so- 
lemnly plight  and  engage  the  faith  of  our  respective  constituents, 
that  they  shall  abide  by  the  determinations  of  the  united  states 
in  congress  assembled,  on  all  questions,  which  by  the  said  con- 
federation are  submitted  to  them.  And  that  the  articles  thereof 
shall  be  inviolably  observed  by  the  states  we  respectively  repre- 
sent, and  that  the  union  shall  be  perpetual.  In  witness  whereof 
we  have  hereunto  set  our  hands  in  Congress.  Done  at  Philadel- 
phia in  the  state  of  Pennsylvania  the  9th  day  of  July  in  the 
Year  of  our  Lord,  1778,  and  in  the  3d  year  of  the  Independence 
of  America. 


Josiah  Bartlett, 

John  Hancock, 
Samuel  Adams, 
Elbridge  Gerry, 

William  EUery, 
Henry  Marchant,  " 

Roger  Sherman, 
Samuel  Huutinj^on, 
Oliver  Wolcott, 
Jas  Duane, 
Fras  Lewis, 

Jno  Witherspoon, 

Eob*  Morris, 

Daniel  Roberdeau, 

Jon»  Bayard  Smith, 

The.  M'Kean,  Feb.  12, 1779, 

John  Dickinson,  May  5, 1779, 

John  Hanson, 

March  1st,  1781, 
llichard  Henry  Lee, 
iTohn  Banister, 
Thomas  Adams, 
John  Penn, 

July  21st,  1778, 
Henry  Laurens, 
William  Henry  DraytoU; 
Jn»  Matthews, 
Jno  Walton, 

24th  July,  1778, 


John  Wentworth,  j  un. 

August  8th,  1778, 
Francis  Dana, 
James  Lovell, 
Samuel  Holton, 

John  Collins, 


Titus  Hosmer, 
Andiew  Adam,       ' 

William  Duer, 
Gouv  Morris, 

Nattf  Scudder, 

William  Clingan, 
Joseph  Reed, 

22d  July,  1778. 
Nicholas  Van  Dyke, 

Daniel  Carroll, 

March  1st,  1781, 
Jno  Harvie, 
Francis  Lightfoot  Lee, 

Corns  Harnett, 
Jno  Williams, 
Eichd  Hutson, 
Thos.  Hey  ward,  jun. 

Edwd  Telfiiir, 
Edw<*  Langworthy, 


\  On  the  part  and  behalf  of  the  state 
J  of  New  Hampshire. 

1  On  the  part  and  behalf  of  the  state 
j  of  Massachusetts-Bay. 

1  On  the  part  and  behalf  of  the  statt 

>  of  Rhode-Island  and  Providence 
)     Plantations. 

1  On  the  part  and  behalf  of  the  state 
j  of  Connecticut. 

"I  On  the  part  and  behalf  of  the  state 

J  of  New-York. 

"I  On  the  part  and  behalf  of  the  state 

>  of  New-Jersey,  November  26tL 
J      1778. 

LOn  the  part  and  behalf  of  the  state 
j  of  Pennsylvania. 

"I  On  the  part  and  behalf  of  the  state 
j  of  Delaware. 

\  On  the  part  and  V»ehalf  of  the  state 
j"  of  Maryland. 

,  On  the  part  and  behalf  of  the  state 
of  Virginia. 

\  On  the  part  and  behalf  of  the  state 
j  of  North-Carolina. 

)  On  the  part  and  behalf  of  the  state 
r  of  South-Carolina. 

")  On  the  part  and  behalf  of  the  state 
/  of  Georgia. 


WASHINGTON'S   FAREWELL   ADDRESS.  279 


IV. 


FAREWELL  ADDRESS   OF  GEORGE  WASHINGTON,  PRESIDENT, 
TO  THE  PEOPLE  OF  THE  UNITED  STATES,  SEPTEMBER  17, 

1796. 

Friends  and  Fellow-citizens  : 

The  period  for  a  new  election  of  a  citizen  to  administer  the 
Executive  Governm.ent  of  the  United  States  being  not  far  distant, 
and  the  time  actually  arrived  when  your  thoughts  must  be  em- 
ployed in  designating  the  person  who  is  to  be  clothed  with  that 
important  trust,  it  appears  to  me  proper,  especially  as  it  may 
conduce  to  a  more  distinct  expression  of  the  public  voice,  that  I 
should  now  apprize  you  of  the  resolution  I  have  formed,  to  de- 
cline being  considered  among  the  number  of  those  out  of  whom 
a  choice  is  to  be  made. 

I  beg  you,  at  the  same  time,  to  do  me  the  justice  to  be  assured 
that  this  resolution  has  not  been  taken  without  a  strict  regard  to 
all  the  considerations  appertaining  to  the  relation  which  binds  a 
dutiful  citizen  to  his  country;  and  that,  in  withdrawing  the  ten- 
der of  service,  which  silence,  in  my  situation,  might  imply,  I  am 
influenced  by  no  diminution  of  zeal  for  your  future  interest;  no 
deficiency  of  grateful  respect  for  your  past  kindness;  but  am 
supported  by  a  full  conviction  that  the  step  is  compatible  with 
both. 

The  acceptance  of,  and  continuance  hitherto  in,  the  oflBce  to 
which  your  suffrages  have  twice  called  me,  have  been  a  uniform 
sacrifice  of  inclination  to  the  opinion  of  duty,  and  to  a  deference 
for  what  appeared  to  be  your  desire.  I  constantly  hoped  that  it 
would  have  been  much  earlier  in  my  power,  consistently  with 
motives  which  I  was  not  at  liberty  to  disregard,  to  return  to  that 
retirement  from  which  I  had  been  reluctantly  drawn.  The 
strength  of  my  inclination  to  do  this,  previous  to  the  lant  election, 
had  even  led  to  the  preparation  of  an  address  to  declare  it  to  you ; 
but  mature  reflection  on  the  then  perplexed  and  critical  posture 
of  our  afi"airs  with  foreign  nations,  and  the  unanimous  advice  of 
persons  entitled  to  my  confidence,  impelled  me  to  abandon  the 


280  APPENDIX. 

I  rejoice  that  the  state  of  your  concerns,  external  as  well  an 
internal,  no  longer  renders  the  pursuit  of  inclination  incompatible 
with  the  sentiment  of  duty  or  propriety;  and  am  persuaded, 
whatever  partiality  may  be  retained  for  my  services,  that,  in  the 
present  circumstances  of  our  country,  you  will  not  disapprove 
my  determination  to  retire. 

The  impressions  with  which  I  undertook  the  arduous  trust 
were  explained  on  the  proper  occasion.  In  the  discharge  of  this 
trust,  I  will  only  say,  that  I  have  with  good  intentions  contri- 
buted towards  the  organization  and  administration  of  the  Govern- 
ment the  best  exertions  of  which  a  very  fallible  judgment  was 
capable.  Not  unconscious  in  the  outset  of  the  inferiority  of  my 
qualifications,  experience,  in  my  own  eyes — perhaps  still  more  in 
the  ey«.'S  of  others — has  strengthened  the  motives  to  ditfidence 
of  myself;  and  every  day  the  increasing  weight  of  years  admo- 
nishes me,  more  and  more,  that  the  shade  of  retirement  is  as 
necessary  to  me  as  it  will  be  welcome.  Satisfied  that  if  any  cir- 
cumstances have  given  peculiar  value  to  niy  services,  they  were 
temporary,  I  have  the  consolation  to  believe  that,  while  choice 
and  prudence  invite  me  to  quit  the  political  scene,  patriotism 
does  not  forbid  it. 

In  looking  forward  to  the  moment  which  is  intended  to  termi- 
nate the  career  of  my  public  life,  my  feelings  do  not  permit  me 
to  suspend  the  deep  acknowledgment  of  that  debt  of  gratitude 
which  I  owe  to  my  beloved  country  for  the  many  honors  it  has 
conferred  upon  me ;  still  more  for  the  steadfast  confidence  with 
which  it  has  supported  me;  and  for  the  opportunities  I  have 
thence  enjoyed  of  manifesting  my  inviolable  attachment,  by  ser- 
vices faithful  and  persevering,  though  in  usefulness  unequal  to 
my  zeal.  If  benefits  have  resulted  to  our  country  from  these 
services,  let  it  always  be  remembered  to  your  praise,  and  as  an 
instructive  example  in  our  annals,  that,  under  circumstances  in 
which  the  passions,  agitated  in  every  direction,  were  liable  to  mis- 
lead; amidst  appoarances  sometimes  dubious,  vicissitudes  of  for- 
tune often  discouraging  ;  in  situations  in  which,  not  unfrequently, 
want  of  success  has  countenanced  the  spirit  of  criticism, — tLo 
constancy  of  your  support  was  the  essential  prop  of  the  efforts, 
and  a  guarantee  of  the  plans,  by  which  they  were  effected.  PrO' 
foundly  penetrated  with  this  idea,  I  shall  carry  it  with  me  to  my 
grave,  as  a  strong  incitement  to  unceasing  vows,  that  Heaven 
may  continue  to  you  the  choicest  tokens  of  its  beneficence ;  that 
our  union  and  brotherly  affection  may  be  perpetual ;  that  the 
je   Constitution,  which  is  the  work  of  your  hand**,   may  be 


Washington's  i*arewell  address.  281 

sacredly  maintained;  that  its  administration,  in  every  depart- 
ment, may  be  stamped  with  wisdom  and  virtue ;  that,  in  fine, 
the  happiness  of  the  people  of  these  States,  under  the  auspices 
of  liberty,  may  be  made  complete,  by  so  careful  a  preservation 
and  so  prudent  a  use  of  this  blessing  as  will  acquire  to  them  tho 
glory  of  recommending  it  to  the  applause,  the  affection,  and  the 
adoption  of  every  nation  which  is  yet  a  stranger  to  it. 

Here,  perhaps,  I  ought  to  stop ;  but  a  solicitude  for  your  wel- 
fare, which  cannot  end  but  with  my  life,  and  the  apprehension 
of  danger  natural  to  that  solicitude,  urge  me,  on  an  occasion  like 
the  present,  to  offer  to  your  solemn  contemplation,  and  to  recom- 
mend to  your  frequent  review,  some  sentiments,  which  are  the 
result  of  much  reflection,  of  no  inconsiderable  observation,  and 
which  appear  to  me  all-important  to  the  permanency  of  your 
felicity  as  a  people.  These  will  be  afforded  to  you  with  the  more 
freedom,  as  you  can  only  see  in  them  the  disinterested  warnings 
of  a  parting  friend,  who  can  possibly^  have  no  personal  motive 
to  bias  his  counsel ;  nor  can  I  forget,  as  an  encouragement  to  it, 
your  indulgent  reception  of  my  sentiments  on  a  former  and  not 
dissimilar  occasion. 

Interwoven  as  is  the  love  of  liberty  with  every  ligament  of 
your  hearts,  no  recommendation  of  mine  is  necessary  to  fortify 
or  confirm  the  attachment. 

The  unity  of  government,  which  constitutes  you  one  people,  is 
also  now  dear  to  you.  It  is  justly  so;  for  it  is  a  main  pillar  in 
the  editice  of  your  real  independence — the  support  of  your  tran- 
quillity at  home,  your  peace  abroad,  of  your  safety,  of  your  pros- 
perity, of  that  very  liberty  which  you  so  highly  prize.  But  as  it 
is  easy  to  foresee  that,  from  different  causes  and  from  different 
quarters,  much  pains  will  be  taken,  many  artifices  employed,  to 
weaken  in  your  minds  the  conviction  of  this  truth ;  as  this  is  the 
point  in  your  political  fortress  against  which  the  batteries  of  in- 
ternal and  external  enemies  will  be  most  constantly  and  actively 
(though  often  covertly  and  insidiously)  directed, — it  is  cf  in- 
finite moment  that  you  should  properly  estimate  the  immense 
value  of  your  national  union  to  your  collective  and  individual 
happiness ;  that  you  should  cherish  a  cordial,  habitual,  and  im- 
movable attachment  to  it;  accustoming  yourselves  to  think  and 
speak  of  it  as  of  the  palladium  of  your  political  safety  and  pros- 
perity; watching  for  its  preservation  with  jealous  anxiety;  dis- 
countenancing whatever  may  suggest  even  a  suspicion  that  it  can, 
in  any  event,  be  abandoned ;  and  indignantly  frowning  upon  the 
first  dawning  of  every  attempt  to  alienate  any  portion  of  our 

24* 


282  APPENDIX. 

country  from  the  rest,  or  to  enfeeble  the  sacred  ties  which  no^ 
link  together  the  various  parts. 

For  this  you  have  every  inducement  of  sympathy  and  interest. 
Citizens  by  birth  or  choice,  of  a  common  country,  that  country 
has  a  right  to  concentrate  your  affections.  The  name  of  Ame)  i- 
can,  which  belongs  to  you  in  your  national  capacity,  must  always 
exalt  the  just  pride  of  patriotism,  more  than  any  appellation  de- 
rived from  local  discriminations.  With  slight  shades  of  differ- 
ence, you  have  the  same  religion,  manners,  habits,  and  political 
principles.  You  have,  in  a  common  cause,  fought  and  triumphed 
together ;  the  independence  and  liberty  you  possess  are  the  work 
of  joint  counsels  and  joint  efforts,  of  common  dangers,  sufferings, 
and  successes. 

But  these  considerations,  however  powerfully  they  address 
themselves  to  your  sensibility,  are  greatly  outweighed  by  those 
which  apply  more  immediately  to  your  interest;  here  every  por- 
tion of  our  country  finds  the  most  commanding  motives  for  care- 
fully guarding  and  preserving  the  union  of  the  whole. 

The  North,  in  an  unrestrained  intercourse  with  the  South,  pro- 
tected by  the  equal  laws  of  a  common  government,  finds,  in  the 
productions  of  the  latter,  great  additional  resources  of  maritime 
and  commercial  enterprise,  and  pfecious  materials  of  manufac- 
turing industry.  The  South,  in  the  same  intercourse,  benefiting 
by  the  agency  of  the  North,  sees  its  agriculture  grow,  and  its 
comnjerce  expand.  Turning  partly  into  its  own  channels  the 
seamen  of  the  North,  it  finds  its  particular  navigation  invigor- 
ated ;  and  while  it  contributes,  in  different  ways,  to  nourish  and 
increase  the  general  mass  of  the  national  navigation,  it  looks  fur- 
ward  to  the  protection  of  a  maritime  strength  to  which  itself  is 
unequally  adapted.  The  East,  in  like  intercourse  with  the 
West,  already  finds,  and  in  the  progressive  improvement  of  inte- 
rior communication,  by  land  and  water,  will  more  and  more  find, 
a  valuable  vent  for  the  commodities  which  it  brings  from  abroad, 
or  manufactures  at  home.  The  West  derives  from  the  East  sup- 
plies requisite  to  its  growth  and  comfort;  and  what  is  perhaps 
of  still  greater  consequence,  it  must,  of  necessity,  owe  the  secure 
enjoyment  of  indispensable  outlets  for  its  own  productions,  to 
the  weight,  influence,  and  the  future  maritime  strength  of  the 
Atlantic  side  of  the  Union,  directed  by  an  indissoluble  commu- 
nity of  interest  as  one  nation.  Any  other  tenure  by  which  the 
West  can  hold  this  essential  advantage,  whether  derived  from  its 
own  separate  strength,  or  from  an  apostate  and  unnatural  con- 
nexion with  any  foreign  power,  must  be  intrinsically  precarious. 


Washington's  farewell  address.  283 

While,  then,  every  part  of  our  country  thus  feels  an  immediate 
and  pe-rticular  interest  in  union,  all  the  parts  combined  cannot  fail 
to  find,  in  the  united  mass  of  means  and  eflbrts,  greater  strength, 
greater  resource,  proportionably  greater  security  from  external 
danger,  a  less  frequent  interruption  of  their  peace  by  foreign 
nations  ;  and  what  is  of  inestimable  value,  they  must  derive  from 
union  an  exemption  from  those  broils  and  wars  between  them- 
selves, which  so  frequently  afflict  neighbouring  countries,  not 
tied  together  by  the  same  government;  which  their  own  rival- 
ships  alone  would  be  sufficient  to  produce,  but  which  opposite 
foreign  alliances,  attachments,  and  intrigues,  would  stimulate  and 
im bitter.  Hence,  likewise,  they  will  avoid  the  necessity  of  those 
over-grown  military  establishments,  which,  under  any  form  of 
government,  are  inauspicious  to  liberty,  and  which  are  to  be  re- 
garded as  particularly  hostile  to  republican  liberty ;  in  this  sense 
it  i?  that  your  union  ought  to  be  considered  as  a  main  prop  of 
your  liberty,  and  that  the  love  of  the  one  ought  to  endear  to  you 
the  preservation  of  the  other. 

These  considerations  speak  a  persuasive  language  to  every  re- 
flecting and  virtuous  mind,  and  exhibit  the  continuance  of  the 
Union  as  a  primary  object  of  patriotic  desire.  Is  there  a  doubt, 
whether  a  common  government  can  embrace  so  large  a  sphere  ? 
Let  experience  solve  it.  To  listen  to  mere  speculation,  in  such 
a  case,  were  criminal.  We  are  authorized  to  hope,  that  a  proper 
organization  of  the  whole,  with  the  auxiliary  agency  of  govern- 
ments for  the  respective  subdivisions,  will  afford  a  happy  issue  to 
the  experiment.  It  is  well  worth  a  fair  and  full  experiment. 
With  such  powerful  and  obvious  motives  to  Union,  affecting  all 
parts  of  our  country,  while  experience  shall  not  have  demon- 
strated its  impracticability,  tl^ere  will  always  be  reason  to  distrust 
the  patriotism  of  those,  who,  in  any  quarter,  may  endeavour  to 
weaken  its  bands. 

In  contemplating  the  causes  which  may  disturb  our  Un'on,  it 
occurs,  as  a  matter  of  serious  concern,  that  any  ground  should 
have  been  furnished  for  characterizing  parties  by  geographical 
discriminations — Northern  and  Southern — Atlantic  and  West- 
ern :  whence  designing  men  may  endeavour  to  excite  a  belief 
that  there  is  a  real  difference  of  local  interests  and  views.  Ono 
of  the  expedients  of  party  to  acquire  influence  within  particular 
districts,  is  to  misrepresent  the  opinions  and  aims  of  other  dis- 
tricts. You  cannot  shield  yourselves  too  much  against  the  jea- 
lousies and  heart-burnings  which  spring  from  these  misrepre- 
sentations; they  tend  to  render  alien  to  each  other  those  wh3 


284  APPENDIX. 

ought  to  be  bound  together  by  fraternal  affection.  The  In  habit- 
ants of  our  western  country  have  lately-had  a  useful  lessor  on 
this  head  ;  they  have  seen  in  the  negotiation  by  the  Executive, 
and  in  the  unanimous  ratification  by  the  Senate,  of  the  treatj' 
with  Spain,  and  in  the  universal  satisfaction  at  that  event 
throughout  the  United  States,  a  decisive  proof  how  unfounded 
were  the  suspicions  propagated  among  them,  of  a  policy  in  the 
General  Government,  and  in  the  Atlantic  States,  unfriendly  to 
their  interests  in  regard  to  the  Mississippi :  they  have  been  wit- 
nesses to  the  formation  of  two  treaties — that  with  Great  Britain, 
and  that  with  Spain,  which  secure  to  them  every  thing  they  could 
desire  in  respect  to  our  foreign  relations,  towards  confirming  their 
prosperity.  Will  it  not  be  their  wisdom  to  rely  for  the  preserva- 
tion of  these  advantages  on  the  Union  by  which  they  were  pro- 
cured? Wiil  they  not  henceforth  be  deaf  to  those  advisers,  if 
such  there  are,  who  would  sever  them  from  their  brethren,  and 
connect  them  with  aliens  ? 

To  the  efficacy  and  permanency  of  your  Union,  a  Government 
for  the  whole  is  indispensable.  No  alliance,  however  strict 
between  the  parts,  can  be  an  adequate  substitute  ;  they  must 
inevitably  experience  the  infractions  and  interruptions  which  all 
alliances,  in  all  time,  have  experienced.  Sensible  of  this  mo- 
mentous truth,  you  have  improved  upon  your  first  essay,  by  the 
adoption  of  a  Constitution  of  Government  better  calculated  than 
your  former  for  an  intimate  Union,  and  for  the  efficacious  ma- 
nagement of  your  common  concerns.  This  government,  the  off- 
spring of  our  own  choice,  uninfluenced  and  unawed,  adopted 
upon  full  investigation  and  mature  deliberation,  completely  free 
in  its  principles,  in  the  distribution  of  its  powers,  uniting  security 
with  energy,  and  containing  within  itself  a  provision  for  its  own 
amendment,  has  a  just  claim  to  your  confidence  and  your  support. 
Kespect  for  its  authority,  compliance  with  its  laws,  acquiescence 
in  its  measures,  are  duties  enjoined  by  the  fundamental  maxims 
of  true  liberty.  The  basis  of  our  political  systems,  is  the  right 
of  the  people  to  make  and  to  alter  their  constitutions  of  Govern- 
ment :  but  the  Constitution  which  at  any  time  exists,  till  changed 
by  an  explicit  and  authentic  act  of  the  whole  people,  is  sacredly 
obligatory  upon  all.  The  very  idea  of  the  power,  and  the  right 
of  the  people  to  establish  Government,  pre-supposes  the  duty  of 
every  individual  to  obey  the  established  Government. 

All  obstructions  to  the  execution  of  the  laws,  all  combinations 
and  associations,  under  whatever  plausible  character,  with  the 
real  design  to  direct,  control,  counteract,  or  awe  the  regular  de- 


Washington's  farewell  address.  285 

liberation  and  action  of  the  constituted  authorities,  are  destruc- 
tive tQ  this  fundamental  principle,  and  of  fatal  tendency.  They 
serve  to  organize  faction,  to  give  it  an  artificial  and  extraordinary 
force,  to  put  in  the  place  of  the  delegated  will  of  the  nation,  the 
will  of  a  party,  often  a  small  but  artful  and  enterprising  minority 
of  the  community;  and,  according  to  the  alternate  triumphs  of 
different  parties^  to  make  the  public  administration  the  mirror  of 
the  ill-concerted  and  incongruous  projects  of  faction,  rather  than 
the  organ  of  consistent  and  wholesome  plans,  digested  by  com- 
mon counsels,  and  modified  by  mutual  interests. 

However  combinations  or  associations  of  the  above  description 
may  now  and  then  answer  popular  ends,  they  are  likely,  in  the 
course  of  time  and  things,  to  become  potent  engines,  by  which 
cunning,  ambitious,  and  unprincipled  men,  will  be  enabled  to 
subvert  the  power  of  the  people,  and- to  usurp  for  themselves  the 
reins  of  Government;  destroying,  afterwards,  the  very  engines 
which  had  lifted  them  to  unjust  dominion. 

Towards  the  preservation  of  your  Government,  and  the  per- 
manency of  your  present  happy  state,  it  is  requisite,  not  only 
that  you  steadily  discountenance  irregular  oppositions  to  its  ac- 
knowledged authority,  but  also  that  you  resist  with  care  the  spirit 
of  innovation  upon  its  principles,  however  specious  the  pretexts. 
One  method  of  assault  may  be  to  efi'ect,  in  the  forms  of  the  Con- 
stitution, alterations  which  will  impair  the  energy  of  the  system, 
and  thus  to  undermine  what  cannot  be  directly  overthrown,  In 
all  the  changes  to  which  you  may  be  invjted,  remember  that  time 
and  habit  are  at  least  as  necessary  to  fix  the  true  character  of 
governments  as  of  other  human  institutions ;  that  experience  is 
the  surest  standard  by  which  to  test  the  real  tendency  of  the 
existing  constitution  of  a  country;  that  facility  in  changes,  upon 
the  credit  of  mere  hypothesis  and  opinion,  exposes  M  perpetual 
change,  from  the  endless  variety  of  hypothesis  and  opinion  ;  and 
remember,  especially,  that  for  the  efficient  management  of  your 
couimon  interests,  in  a  country  so  extensive  as  ours,  a  Govern- 
ment of  as  much  vigour  as  is  consistent  with  the  perfect  security 
of  liberty,  is  indispensable.  Liberty  itself  will  find  in  such  a 
Government,  with  powers  properly  distributed  and  adjusted,  its 
surest  guardian.  It  is,  indeed,  little  else  than  a  name,  where  the 
Government  is  too  feeble  to  withstand  the  enterprises  of  faction, 
to  confine  each  member  of  the  society  within  the  limits  prescribed 
by  the  laws,  and  to  maintain  all  in  the  secure  and  tranquil  enjoy- 
ment of  the  rights  of  person  and  property. 

1  have  already  \ntimated  to  you  the  danger  of  parties  in  tha 


286  APPENDIX. 

State,  with  particular  reference  to  the  founding  of  them  on  geo* 
grapliical  discriminations.  Let  me  now  take  a  more  comprehen- 
eive  view,  and  warn  you,  in  the  most  solemn  manner,  against  the 
baneful  effects  of  the  spirit  of  party  generally. 

This  spirit,  unfortunately,  is  inseparable  from  our  nature,  hav- 
ing its  root  in  the  strongest  passions  of  the  human  mind.  It 
exists  under  different  shapes,  in  all  Governments,  more  or  less 
stifled,  controlled,  or  repressed ;  but  in  those  of  the  popular 
form  it  is  seen  in  its  greatest  rankness,  and  is  truly  their  worst 
enemy. 

The  alternate  domination  of  one  faction  over  another,  sharp- 
ened by  the  spirit  of  revenge,  natural  to  party  dissension,  which, 
in  different  ages  and  countries,  has  perpetrated  the  most  horrid 
enormities,  is  itself  a  frightful  despotism.  But  this  leads,  at 
length,  to  a  more  formal  and  permanent  despotism.  The  disor- 
ders and  miseries  which  result,  gradually  incline  the  minds  of 
men  to  seek  security  and  repose  in  the  absolute  power  of  an  in- 
dividual ;  and,  sooner  or  later,  the  chief  of  some  prevailing  fac- 
tion, more  able  or  more  fortunate  than  his  competitors,  turns  this 
disposition  to  the  purposes  of*  his  own  elevation  on  the  ruins  of 
public  liberty. 

Without  looking  forward  to  an  extremity  of  this  kind,  (which, 
nevertheless,  ought  not  to  be  entirely  out  of  sight,)  the  common 
and  continual  mischiefs  of  the  spirit  of  party  are  sufficient  to 
make  it  the  interest  and  duty  of  a  wise  people  to  discourage  and 
restrain  it. 

It  serves  always  to  distract  the  public  councils,  and  enfeeble 
the  public  administration.  It  agitates  the  community  with  ill- 
founded  jealousies  and  false  alarms ;  kindles  the  animosity  of 
one  part  against  another ;  foments,  occasionally,  riot  and  insur- 
rection. It  opens  the  door  to  foreign  influence  and  corruption, 
which  find  a  facilitated  access  to  the  Government  itself,  through 
the  channels  of  party  passions.  Thus  the  policy  and  the  will  of 
one  country  are  subjected  to  the  policy  and  will  of  another. 

There  is  an  opinion  that  parties,  in  free  countries,  are  useful 
cheeks  upon  the  administration  of  the  Government,  and  serve  to 
keep  alive  the  spirit  of  liberty.  This,  within  certain  limits,  is 
probably  true;  and  in  Governments  of  a  monarchical  cast,  pa- 
triotism may  look  with  indulgence,  if  not  with  favour,  upon  the 
spirit  of  party.  .  But  in  those  of  the  popular  character,  in  Go- 
vernments purely  elective,  it  is  a  spirit  not  to  be  encouraged. 
From  their  natural  tendency,  it  is  certain  there  will  always  bo 
enough  of  that  spirit  for  every  salutary  purpose.      And  there 


Washington's  farewell  address.  287 

being  constant  danger  of  excess,  the  effort  ought  to  be,  by  force 
of  public  opinion,  to  mitigate  and  assuage  it.  A  fire  not  to  be 
quenched,  it  demands  a  uniform  vigilance  to  prevent  its  burstiug 
into  a  flame,  lest,  instead  of  warming,  it  should  consume. 

It  is  important,  likewise,  that  the  habits  of  thinking,  in  a  free 
country,  should  inspire  caution  in  those  intrusted  with  its  admi- 
nistration, to  confine  themselves  within  their  respective  constitu- 
tional spheres,  avoiding,  in  the  exercise  of  the  powers  of  one 
department,  to  encroach  upon  another.  The  spirit  of  encroach- 
ment tends  to  consolidate  the  powers  of  all  the  departments  in 
one,  and  thus  to  create,  whatever  the  form  of  Government,  a 
real  despotism.  A  just  estimate  of  that  love  of  power,  and 
proneness  to  abuse  it  which  predominates  in  the  human  heart,  is 
sufficient  to  satisfy  us  of  the  truth  of  this  position.  The  neces- 
sity of  reciprocal  checks  in  the  exercise  of  political  power,  by 
dividing  and  distributing  it  into  different  depositories,  and  con- 
stituting each  the  guardian  of  the  public  weal,  against  invasions 
by  the  others,  has  been  evinced  by  experiments,  ancient  and 
modern  ;  some  of  them  in  our  own  country,  and  under  our  own 
eyes.  To  preserve  them  must  be  as  necessary  as  to  institute 
them.  If,  in  the  opinion  of  the  people,  the  distribution  or  modi- 
fication of  the  constitutional  powers  be,  in  any  particular,  wrong, 
let  it  be  corrected  by  an  amendment  in  the  way  which  the  Con- 
stitution designates.  But  let  there  be  no  change  by  usurpation  } 
for  though  this,  in  one  instance,  may  be  the  instrument  of  good, 
it  is  the  customary  weapon  by  which  free  Governments  are  de- 
stroyed. The  precedent  must  always  greatly  overbalance,  in 
permanent  evil,  any  partial  or  traneient  benefit  which  the  use 
can,  at  any  time,  yield. 

Of  all  the  dispositions  and  habits  which  lead  to  political  pros- 
perity, religion  and  morality  ar^  indispensable  supports  In 
vain  would  that  man  claim  the  tribute  of  patriotism,  who  should 
labour  to  subvert  these  great  pillars  of  human  happiness,  these 
firmest  props  of  the  duties  of  men  and  citizens.  The  mere  poli- 
tician, equally  with  the  pious  man,  ought  to  respect  and  to  cherish 
them.  A  volume  could  not  trace  all  their  connexions  with  pri- 
vate and  public  felicity.  Let  it  simply  be  asked,  where  is  the 
security  for  property,  for  reputation,  for  life,  if  the  sense  of  re- 
ligious obligation  desert  the  oaths  which  are  the  instruments  of 
investigation  in  courts  of  justice?  And  let  us  with  caution  in- 
dulge the  supposition,  that  morality  can  be  maintained  without 
religion.  Whatever  may  be  conceded  to  the  influence  of  refined 
education  on  minds  of  peculiar  structure,  reason  and  experience 


288  ArrENDix. 

both  forbid  us  to  expect  that  national  morality  can  prevail  in 
exclusion  of  religious  principles. 

It  is  substantially  true,  that  virtue  or  morality  is  a  necessary 
spring  of  popular  Government.  The  rule,  indeed,  extends  with 
more  or  less  force  to  every  species  of  free  Government.  Who, 
that  is  a  sincere  friend  to  it,  can  look  with  indifference  upon 
attempts  to  shake  the  foundation  of  the  fabric  ? 

Promote,  then,  as  an  object  of  primary  importance,  institu- 
tions for  the  general  diffusion  of  knowledge.  In  proportion  as 
the  structure  of  a  Government  gives  force  to  public  opinion,  it  is 
essential  that  public  opinion  should  be  enlightened. 

As  a  very  important  source  of  strength  and  security,  cherish 
public  credit.  One  method  of  preserving  it  is  to  use  it  as  spar- 
ingly as  possible ;  avoiding  occasions  of  expense  by  cultivating 
peace,  but  remembering  also  that  timely  disbursements  to  prepare 
for  danger,  frequently  prevent  much  greater  disbursements  tc 
rcpel.it;  avoiding,  likewise,  the  accumulation  of  debt,  not  only 
by  shunning  occasions  of  expense,  but  by  vigorous  exertions  in 
time  of  peace  to  discharge  the  debts  which  unavoidable  wars 
may  have  occasioned ;  not  ungenerously  throwing  upon  posterity 
the  burden  which  we  ourselves  ought  to  bear.  The  execution  of 
these  maxims  belongs  to  your  representatives,  but  it  is  necessary 
that  public  opinion  should  co-operate.  To  facilitate  to  them  the 
performance  of  their  duty,  it  is  essential  that  you  should  practi- 
cally bear  in  mind,  that  towards  the  payment  of  debts  there  must 
be  revenue;  that  to  have  revenue  there  must  be  taxes;  that  no 
taxes  can  be  devised,  which  are  not  more  or  less  inconvenient 
and  unpleasant;  that  the  intrinsic  embarrassment  inseparable 
from  the  selection  of  the  proper  objects,  (which  is  always  a 
choice  of  difficulties,)  ougbt  to  be  a  decisive  motive  for  a  candid 
construction  of  the  conduct  of  the  Government  in  making  it. 
and  for  a  spirit  of  acquiescence  in  the  measures  for  obtaining 
revenue,  which  the  public  exigencies  may  at  any  time  dictate. 

Observe  good  faith  and  justice  towards  all  nations ;  cultivate 
peace  and  harmony  with  all;  religion  and  morality  enjoin  this 
conduct;  and  can  it  be  that  good  policy  does  not  ec[ually  enjoin 
it  ?  It  will  be  worthy  of  a  free,  enlightened,  and,  at  no  distant 
period,  a  great  nation,  to  give  to  mankind  the  magnanimous  and 
too  novel  example  of  a  people  always  guided  by  an  exalted  jus- 
tice and  benevolence.  Who  can  doubt  that,  in  the  course  of 
time  and  things,  the  fruits  of  such  a  plan  would  richly  repay 
any  temporary  advantages  which  might  be  lost  by  a  steady  ad- 
herence to  it  ?     Can  it  be  that  Providence  has  not  connected  the 


Washington's  farewell  address.  289 

pe.Tnanent  felicity  of  a  nation  with  its  virtue  ?  The  experiment, 
at  least,  is  recommended  by  every  sentiment  which  ennobles 
human  nature.     Alas  !  is  it  rendered  impossible  by  its  vices  ? 

xn  the  execution  of  such  a  plan,  nothing  is  more  essential  than 
th&c  permanent  inveterate  antipathies  against  particular  nations, 
an(i  passionate  attachments  for  others,  should  be  excluded ;  and 
that,  in  place  of  them,  just  and  amicable  feelings  towards  all 
should  be  cultivated.  The  nation  which  indulges  towards  ano- 
ther an  habitual  hatred,  or  an  habitual  fondness,  is,  in  some  de- 
^'ree,  a  slave.  It  is  a  slave  to  its  animosity  or  to  its  affection ; 
either  of  which  is  sufficient  to  lead  it  astray  from  its  duty  and 
its  interest.  Antipathy  in  one  nation  against  another,  disposes 
each  more  readily  to  offer  insult  and  injury,  to  lay  hold  of  slight 
causes  of  umbrage,  and  to  be  haughty  and  intractable,  when 
accidental  or  trifling  occasions  of  dispute  occur.  Hence  frequent 
collisions,  obstinate,  envenomed,  and  bloody  contests.  The  na- 
tion, prompted  by  ill  will  and  resentment,  sometimes  impels  to 
war  the  Government,  contrary  to  the  best  calculations  of  policy. 
The  government  sometimes  participates  in  the  national  propen- 
sity, and  adopts,  through  passion,  what  reason  would  reject;  at 
other  times  it  makes  the  animosity  of  the  nation  subservient  to 
projects  of  hostility,  instigated  by  pride,  ambition,  and  other 
sinister  and  pernicious  motives.  The  peace  often,  sometimes 
perhaps  the  liberty,  of  nations  has  been  the  victim. 

So,  likewise  a  passionate  attachment  of  one  nation  to  another 
produces  a  variety  of  evils.  Sympathy  for  the  favourite  nation, 
facilitating  the  illusion  of  an  imaginary  common  interest,  in 
cases  where  no  real  common  interest  exists,  and  infusing  into  one 
the  enmities  of  the  other,  betrays  the  former  into  a  participation 
in  the  quarrels  and  wars  of  the  latter,  without  adequate  induce- 
ment or  justification.  It  leads  also  to  concessions  to  the  favourite 
nation  of  privileges  denied  to  others,  which  is  apt  doubly  to  in- 
jure the  nations  making  the  concessions ;  by  unnecessarily  part- 
ing with  what  ought  to  have  been  retained,  and  by  exciting  jea- 
lousy, ill  will,  and  a  disposition  to  retaliate,  in  the  parties  from 
whom  equal  privileges  are  withheld;  and  it  gives  to  ambitious, 
corrupted,  or  deluded  citizens  (who  devote  themselves  to  the 
favourite  nation)  facility  to  betray,  or  sacrifice  the  interest  of  their 
own  country,  without  odium;  sometimes  even  with  popularity; 
gilding  with  the  appearance  of  a  virtuous  sense  of  obligation,  a 
commendable  deference  for  public  opinion,  or  a  laudable  zeal  for 
public  good,  the  base  or  foolish  compliances  of  ambition,  corrup- 
tion, or  infatuation. 

26 


290  APPENDIX. 

As  avenues  to  foreign  influence  in  innumerable  ways,  such 
attachments  are  particularly  alarming  to  the  truly  enlightened 
and  independent  patriot.  How  many  opportunities  do  they  afford 
to  tamper  with  domestic  factions,  to  practise  the  art  of  seduction, 
to  mislead  public  opinion,  to  influence  or  awe  the  public  councils! 
Such  an  attachment  of  a  small  or  weak,  towards  a  great  and 
powerfiil  nation,  dooms  the  former  to  be  the  satellite  of  the  latter. 

Against  the  insidious  wiles  of  foreign  influence  (I  conjure  you 
to  believe  me,  fellow-citizens)  the  jealousy  of  a  free  people  ought 
to  be  constantly  awake;  since  history  and  experience  prove  that 
foreign  influence  is  one  of  the  most  baneful  foes  of  republican 
Government.  But  that  jealousy,  to  be  useful,  must  be  impartial; 
else  it  becomes  the  instrument  of  the  very  influence  to  be 
avoided,  instead  of  a  defence  against  it.  Excessive  partiality  for 
one  foreign  nation,  and  excessive  dislike  for  another,  cause  those 
whom  they  actuate  to  see  danger  only  on  one  side,  and  serve  to 
veil,  and  even  second,  the  arts  of  influence  on  the  other.  Real 
patriots,  who  may  resist  the  intrigues  of  the  favourite,  are  liable 
to  become  suspected  and  odious ;  while  its  tools  and  dupes  usurp 
the  applause  and  confidence  of  the  people,  to  surrender  their 
interests. 

The  great  rule  of  conduct  for  us,  in  regard  to  foreign  nations, 
is,  in  extending  our  commercial  relations,  to  have  with  them  as 
little  political  connexion  as  possible.  So  far  as  we  have  already 
formed  engagements,  let  them  be  fulfilled  with  perfect  good  faith. 
Here  let  us  stop. 

Europe  has  a  set  of  primary  interests,  which  to  us  have  none, 
or  a  very  remote  relation.  Hence  she  must  be  engaged  in  fre- 
quent controversies,  the  causes  of  which  are  essentially  foreign 
to  our  concerns.  Hence,  therefore,  it  must  be  unwise  in  us  to 
implicate  ourselves,  by  artificial  ties,  in  the  ordinary  vicissitudes 
of  her  politics,  of  the  ordinary  combinations  and  collisions  of  her 
friendships  or  enmities. 

Our  detached  and  distant  situation  invites  and  enables  us  to 
pursue  a  difi'erent  course.  If  we  remain  one  people,  under  an 
efficient  Government,  the  period  is  not  far  ofi"  when  we  may  defy 
material  injury  from  external  annoyance ;  when  we  may  take 
such  an  attitude  as  will  cause  the  neutrality  we  may  at  any  time 
resolve  upon,  to  be  scrupulously  respected;  when  belligerent 
nations  under  the  impossibility  of  making  acquisitions  upon  us, 
will  not  lightly  hazard  the  giving  us  provocation ;  when  we  may 
choose  peace  or  war,  as  our  interest,  guided  by  justice,  shall 
counsel. 


Washington's  farewell  address.  291 

Why  forego  the  advantages  of  so  peculiar  a  situation  ?  Why 
quit  our  own  to  stand  upon  foreign  ground  ?  Why,  by  inter- 
weaving our  destiny  with  that  of  any  part  of  Europe,  entangle 
our  peace  and  prosperity  in  the  toils  of  European  ambition,  rival- 
ship,  interest,  humour,  or  caprice  ? 

It  is  our  true  policy  to  steer  clear  of  permanent  alliances  with 
any  portion  of  the  foreign  world ;  so  far,  I  mean,  as  we  are  now 
at  liberty  to  do  it;  for  let  me  not  be  misunderstood  as  capable 
of  patronising  infidelity  to  existing  engagements.  I  hold  the 
maxim  no  less  applicable  to  public  than  to  private  afi'airs,  that 
honesty  is  always  the  best  policy.  I  repeat  it,  therefore,  let 
those  engagements  be  observed  in  their  genuine  sense.  But,  in 
my  opinion,  it  is  unnecessary,  and  would  be  unwise  to  extend 
them. 

Taking  care  always  to  keep  ourscjves,  by  suitable  establish- 
ments, on  a  respectable  defensive  posture,  we  may  safely  trust  to 
temporary  alliances  for  extraordinary  emergencies. 

Harmony,  and  a  liberal  intercourse  with  all  nations,  are  re- 
commended by  policy,  humanity,  and  interest.  But  even  our 
commercial  policy  should  hold  an  equal  and  impartial  hand ; 
neither  seeking  nor  granting  exclusive  favours  or  preferences ; 
consulting  the  natural  course  of  things ;  difi"using  and  diversify- 
ing, by  gentle  means,  the  streams  of  commerce,  but  forcing 
nothing ;  establishing,  with  powers  so  disposed,  in  order  to  give 
trade  a  stable  course,  to  define  the  rights  of  our  merchants,  and 
to  enable  the  Government  to  support  them,  conventional  rules 
of  intercourse,  the  best  that  present  circumstances  and  mutual 
opinions  will  permit,  but  temporary,  and  liable  to  be,  from  time 
to  time,  abandoned  or  varied,  as  experience  and  circumstances 
shall  dictate ;  constantly  keeping  in  view,  that  it  is  folly  in  one 
nation  to  look  for  disinterested  favours  from  another;  that  it 
must  pay,  with  a  portion  of  its  independence,  for  whatever  it 
may  accept  under  that  character;  that  by  such  acceptance  it  may 
place  itself  in  the  condition  of  having  given  equivalents  for  nomi- 
nal favours,  and  yet  of  being  reproached  with  ingratitude  for  not 
giving  more.  There  can  be  no  greater  error  than  to  expect,  or 
calculate  upon,  real  favours  from  nation  to  nation.  It  is  an  illu- 
Bion  which  experience  must  cure,  which  a  just  priie  ought  to 
discard. 

In  offering  to  you,  my  countrymen,  these  counsels  of  an  old 
and  affectionate  friend,  I  dare  not  hope  they  will  make  the  strong 
and  lasting  impression  I  could  wish ;  that  they  will  control  the 
usual  current  of  the  passions,  or  prevent  our  nation  from  run- 


292  APPENDIX. 

ning  the  course  which  has  hitherto  marljo.l  the  destiny  of 
nations;  but  if  I  may  even  flatter  myself  that  they  may  be  pro- 
ductive of  some  partial  benefit,  some  occasional  good;  that  tbcy 
may  now  and  then  recur  to  moderate  the  fury  of  party  spirit,  to 
warn  against  the  mischiefs  ftf  foreign  intrigues,  to  guard  against 
the  impostures  of  pretended  patriotism ;  this  hope  will  be  a  full 
recompense  for  the  solicitude  for  your  welfare  by  which  they  havo 
been  dictated. 

How  far,  in  the  discharge  of  my  official  duties,  I  have  been 
guided  by  the  principles  which  have  been  delineated,  the  public 
records,  and  other  evidences  of  my  conduct,  must  witness  to  you 
and  the  world.  To  myself,  the  assurance  of  my  own  conscience 
is,  that  I  have  at  least  believed  myself  to  be  guided  by  them. 

In  relation  to  the  still  subsisting  war  in  Europe,  my  proclama- 
tion of  the  22d  of  April,  1793,  is  the  index  to  my  plan.  Sanc- 
tioned by  your  approving  voice,  and  by  that  of  your  Kepresenta- 
tives  in  both  Houses  of  Congress,  the  spirit  of  that  measure  hag 
continually  governed  me,  uninfluenced  by  any  attempts  to  deter 
or  divert  me  from  it. 

After  deliberate  examination,  with  the  aid  of  the  best  lights  I 
could  obtain,  I  was  well  satisfied  that  our  country,  under  all  the 
circumstances  of  the  case,  had  a  right  to  take,  and  was  bound 
in  duty  and  interest  to  take,  a  neutral  position.  Having  taken 
it,  I  determined,  as  far  as  should  depend  upon  me,  to  maintain  it 
with  moderation,  perseverance,  and  firmness. 

The  considerations  which  respect  the  right  to  hold  this  con- 
duct, it  is  not  necessary  on  this  occasion  to  detail.  I  will  only 
observe,  that  according  to  my  understanding  of  the  matter,  that 
right,  so  far  from  being  denied  by  any  of  the  belligerent  powers, 
has  been  virtually  admitted  by  all. 

The  duty  of  holding  a  neutral  conduct  may  be  inferred,  with 
jut  any  thing  more,  from  the  obligation  which  justice  and  hu 
inanity  impose  on  every  nation,  in  cases  in  which  it  is  free  to  act, 
to  maintain  inviolate  the  relations  of  peace  and  amity  towards 
other  nations. 

The  inducements  of  interest,  for  observing  that  conduct,  will 
best  be  referred  to  your  own  reflections  and  experience.  With 
me,  a  predominant  motive  has  been  to  endeavour  to  gain  time  to 
our  country  to  settle  and  mature  its  yet  recent  institutions,  and 
to  progress,  without  interruption,  to  that  degree  of  strength  and 
consistency  which  is  necessary  to  give  it,  humanly  speaking,  the 
command  of  its  own  fortunes. 

Though  in  reviewing  the  incidents  of  my  administration,  I 


Washington's  farewell  address.  293 

am  unconscious  of  intentional  error;  I  am,  nevertheless,  too 
sensible  of  my  defects  not  to  think  it  probable  that  I  may  have 
conunitted  many  errors.  Whatever  they  may  be,  I  fervently 
beseech  the  Almighty  to  avert  or  mitigate  the  evils  to  which  they 
may  tend.  I  shall  also  carry  with  me  the  hope,  that  my  country 
will  never  cease  to  view  them  with  indulgence ;  and  that,  after 
forty-five  years  of  my  life  dedicated  to  its  service  with  an  upright 
zeal,  the  faults  of  incompetent  abilities  will  be  consigned  to 
oblivion,  as  myself  must  soon  be  to  the  mansions  of  rest. 

Relying  on  its  kindness  in  this,  as  in  other  things,  and  actu- 
ated by  that  fervent  love  towards  it  which  is  so  natural  to  a  man 
who  views  in  it  the  native  soil  of  himself  and  his  progenitors  for 
several  generations,  I  anticipate,  with  pleasing  expectation,  that 
retreat  in  which  I.  promise  myself  to  realize,  without  alloy,  the 
Bweet  enjoyment  of  partaking,  in  the  midst  of  my  fellow-citizens, 
the  benign  influence  of  good  laws  under  a  free  government — the 
ever  favourite  object  of  my  heart — and  the  happy  reward,  as  I 
trust,  of  our  mutual  cares,  labours,  and  dangers. 

GEORGE  WASHINGTON. 

United  States^  17th  September,  1796. 


tft* 


QUESTIONS  FOR  EXAMINATION, 


CHAPTER  L 


1.  When,  and  by  whom,  were  John  Cabot  and  his  tbree  sons  commissioned 
tf>  set  forth  on  a  voyage  of  discovery  ?    What  was  done  under  this  commission? 

2.  What  was  the  origin  of  the  title  of  England  to  North  America?  Upon 
what  did  that  title  depend  ?  What  was  it  called  ?  What  principle  was  adopted 
by  European  nations  in  relation  to  the  discovery  of  unknown  countries? 

3.  What  restrictions  were  imposed  upon  the  original  inhabitants  under  this 
title?     To  whom  could  the  natives  grant  a  title  ? 

4.  What  was  the  probable  origin  of  the  Right  of  Discovery  ? 

6.  Are  uninhabited  countries  considered  as  belonging  to  any  particular  na- 
tion ?  What  right  does  a  nation  acquire  in  the  discovery  of  uninhabited  lands  ? 
Under  what  conditions  will  its  title  be  regarded  as  good  by  other  nations? 
Under  what  conditions  will  its  title  be  considered  incomplete  ? 

6.  Can  the  titles  derived  from  discovery  be  easily  overthrown  ?  Where  have 
they  become  vested  by  successive  transfers  ?  Under  what  title  do  we  hold  this 
country?     How  has  that  title  descended  to  us? 

7.  What  laws  govern  the  settlers  of  an  uninhabited  country  ?  What  laws 
govern  them  if  the  country  be  inhabited  ? 

8.  How  did  the  North -American  colonists  regard  the  occupancy  and  claims 
of  the  Indian  tribes?  What  laws  did  they  take  with  them  to  the  New  World? 
By  what  body  were  those  laws  ratifiea        » 

9.  What  did  the  charters  under  whicn  the  colonies  were  settled  expressly 
declare?  'What  colony  alone  was  excepted?  Did  the  acts  of  Parliament 
always  affect  the  colonies? 

10.  Name  the  thirteen  original  colonies?  Into  how  many  classes  have 
these  colonies  been  divided?  In  reference  to  what  ?  Name  the  three  divisions 
or  classes. 

11.  By  whom  was  a  governor  appointed  under  the  provincial  governments  ? 
What  rank  did  he  hold  ?  How  did  he  rule  ?  Who  established  courts  and 
raised  military  forces?  What  power  had  the  governor  with  regard  to  legis- 
lative assemblies  ?  What  kind  of  laws  did  they  make  ?  Name  the  provincial 
colonies. 

12.  What  did  the  king  grant  to  the  proprietary  governments  ?  What  powers 
did  the  proprietaries  possess?  How  many  prop'-letary  governments  were  there 
at  the  time  of  the  Revolution?  Name  then,  and  their  proprietors.  What 
proprietary  governments  became  provincial  or  royal  before^the  Revolution  ? 

13.  How  and  in  whom  were  the  rights  vested  in  the  charter  governments? 
By  whom  were  the  governor,  council,  and  assembly  chosen  in  Connecticut  and 

295 


206  QUESTIONS. 

Rhode  Island?     How  were  they  chosen  in  Massachusetts?     By  what  charter? 
Name  the  charter  governments  existing  at  the  time  of  the  Revolution. 

14.  In  what  important  particulars  was  there  a  similarity  in  the  situation 
and  circumstances  of  the  colonists  ? 

15.  What  induced  many  of  the  settlers  of  the  colonies  to  emigrate  from 
England?  What  had  this  excitement  produced?  What  institutions  of  learn- 
ing were  founded?  What  were  encouraged?  Of  what  benefit  to  the  colonies 
was  their  great  distance  from  the  mother  country?  What  is  meant  by  the 
law  of  primogeniture  ?  In  what  colonies  was  this  law  abolished  ?  What  was 
the  consequence  of  its  abolishment  ?     What  the  tendency  ? 

16.  Had  the  colonies  any  political  connection  with  each  other?  Had  they  a 
right  to  form  treaties  or  alliances  with  each  other?  How  were  they  recognised 
by  the  law  of  nations  ?     What  rights  had  each  colonist  in  every  other  colony  ? 


CHAPTER  II. 

17.  Were  the  colonies  politically  united  ?  Did  they  ever  unite  together  ? 
For  what  purpose?     Why  did  the  New  England  colonies  unite? 

18.  What  colonies  united  together  for  the  purpose  of  protecting  themselves 
against  the  Dutch  and  Indians  ?  When  was  this  alliance  formed  ?  What  was 
its  name  ? 

19.  What  colonies  sent  delegates  to  deliberate  together  upon  the  best  means 
of  defending  themselves  in  case  of  a  war  with  France  ?  In  what  year  did 
they  assemble  ? 

20.  What  led  the  colonies  to  form  a  union  for  their  common  protection?  In 
what  year  did  the  Congress  of  nine  colonies  assemble  in  New  York?  What 
did  they  assert  in  their  bill  of  rights? 

21.  Where  did  the  first  Continental  Congress  assemble?  When?  Who  was 
its  President?  Who  its  secretary?  What  did  the  members  style  themselves? 
How  long  did  they  continue  in  session  ?  What  valuable  State  paper  did  this 
Congress  publish  ? 

22.  When  and  where  did  the  second  Continental  Congress  meet?  How  long 
did  it  continue  in  session  ?  How  were  the  votes  taken  in  these  Congresses  ? 
If  a  colony  had  seven  delegates,  how  many  votes  would  they  cast?  If  the 
delegates  were  equally  divided,  how  did  they  vote  ? 

23.  When  was  the  Declaration  of  Independence  declared  ?  What  effect  did 
it  produce  ?  In  the  Declaration  of  Independence,  what  were  the  colonies 
styled  for  the  first  time  ?     What  then  became  necessary  ? 

24.  What  two  important  committees  were  appointed  on  the  11th  of  June, 
1776? 

25.  When  were  the  Articles  of  Confederation  adopted  by  Congress  ?  By  the 
delegates  of  what  States  were  they  ratified,  and  when  ?  By  what  States  were 
they  subsequently  signed,  and  when?  When  was  the  ratificj>,tion  completed? 
When  did  Congress  assemble  under  the  Confederation  ? 

26.  For  what  purpose  were  the  thirteen  States  formed  into  a  league? 

27.  Did  the  States  delegate  all  their  powers  to  the  United  States  ?  How 
often  were  delegates  chosen  for  each  State?  How  many  for  each  State  ?  How 
were  the  expenses  defrayed?     How  were  questions  decided? 

28.  How  were  the  expenses  of  the  war  supplied? 

29.  How  was  a  committee  of  the  States  formed?     What  were  its  duties? 

30.  In  what  cases  was  the  assent  of  nine  States  required?  What  questions 
did  not  require  a  majority  of  votes  ? 

31.  Was  this  Confederation  intended  to  be  altered? 

32.  When  were  the  Articles  finally  ratified?  Who  directed  the  war?  Whal 
were  the  powers  of  Congress?  the  character  of  the  government? 


QUESTIONS.  297 

d3.  Did  the  Articles  answer  the  purpose  intended?  Name  its  principal 
defects. 

34.  What  led  to  the  formation  of  the  present  Constitution  ? 

35.  Through  how  many  forms  has  the  government  passed  ?    What  are  they  ? 

36.  Describe  the  Revolutionary  government;  the  Confederate;  the  Cont<ti- 
tutional. 

CHAPTER   III. 

37.  For  what  purpose  did  Virginia  and  Maryland  appoint  commissioners  ? 
When? 

38.  For  what  purpose  did  the  legislature  of  Virginia  make  an  appointment? 
When? 

39.  Where  was  the  meeting  held?    When? 

40.  Why  did  they  not  proceed  to  the  business  ? 

41.  What  did  they  prepare  ?     What  was  recommended  ? 

42.  What  State  first  appointed  delegates  ?  What  did  the  legislature  of  New 
York  do?     What  was  the  resolution  of  Congress  ?     When  was  it  declared? 

43.  What  was  the  consequence  of  these  proceedings  ?  When  and  where  did 
the  convention  meet?  When  did  they  organize?  Who  was  elected  to  preside? 
From  what  State  was  he  a  delegate  ? 

44.  What  was  the  object  of  calling  the  convention  ?  What  did  the  majority 
determine  upon  ? 

45.  What  was  the  result  of  their  labours  ?  What  were  the  difficulties  in  its 
formation  ? 

46.  What  did  the  convention  direct ?    What  did  Congress  do ?    When? 

47.  When  and  where  did  the  conventions  assemble?     What  followed? 

48.  What  resolutions  did  Congress  adopt  ?    Where  ? 

49.  How  many  electoral  votes  were  cast?  Who  was  elected  President? 
How  many  votes  did  he  receive  ?     Who  was  Vice-President  ? 

50.  Of  representatives  from  how  many  States  was  the  first  Constitutional 
Congress  composed  ?  When  did  they  assemble  ?  When  did  they  first  transact 
business  ? 

51.  When  did  Washington  take  the  oath  and  deliver  his  inaugural  address  ? 
Who  administered  the  oath  ?     When  did  Adams  enter  upon  his  duties  ? 

62.  The  ratification  of  what  States  was  afterwards  received?  When  ?  How 
had  those  States  been  regarded? 

53.  Name  the  States  and  time  of  ratification. 


CHAPTER  IV. 

65.  What  is  a  constitution  ? 

66.  Of  what  does  it  consist  in  some  countries  ? 

57.  Can  an  act  of  Congress  be  contrary  to  the  Constitution  ? 

58.  How  is  the  constitution  of  England  formed? 

59.  Recite  the  first  paragraph  of  the  Constitution. 

60.  What  is  a  preamble  ? 

61.  How  many  objects  had  the  framers  of  the  present  Constitution  in  view? 
Name  them. 

62.  What  is  the  object  of  the  preamble  ? 

63.  How  many  great  departments  of  government  are  there  ?  Name  them. 
What  power  has  the  legislative  department?  the  judicial?  the  executive? 

64.  How  does  the  Constitution  recognise  these  departments?  Of  what  does 
*he  first  article  of  the  Constitution  treat  ?  the  second  ?  the  third  ?  How  ar« 
she  legislative  powers  granted  by  the  Constitution  vested  ? 


21)8  QUESTI0:5fS. 

■  65.  What  States  were  in  favour  of  dividing  Congress  into  two  distinct 
bodies  ? 

66.  Of  what  does  the  English  Parliament  consist?  What  does  Congress 
include  ? 

67.  What  are  the  advantages  of  two  branches  of  legislative  power  ?  Repeat 
Bection  2,  clause  1. 

68.  How  are  the  repesentatives  elected  ? 

69.  What  are  the  qualifications  for  voters  under  the  Constitution? 

70.  What  persons  are  qualified  to  vote  for  members  of  Congress  ? 
.71.  When  do  popular  elections  not  represent  the  will  of  the  people  ? 

73.  How  often  are  representatives  to  Congress  chosen?  How  long  do  m->a.- 
bers  of  Parliament  occupy  their  seats  ?  How  often  is  there  a  new  Congress  ? 
R'iyeat  clause  2. 

74.  llow  are  the  qualifications  of  a  representative  divided? 

75.  Must  a  representative  be  a  citizen  by  birth?  How  may  a  foreigner 
become  a  citizen  ?     After  how  long  a  citizenship  ? 

76.  At  the  time  of  the  adoption  of  the  Federal  Constitution,  could  emigrants 
h61d  offiee?  What  rendered  them  eligible?  How  long  must  an  alien  reside 
here  before  he  becomes  a  citizen  ?  How  long  before  he  is  eligible  as  a  repre- 
sentative ? 

77.  Where  must  a  representative  reside?  Must  he  reside  in  the  district 
from  which  he  is  chosen  ?  Would  he  lose  his  seat  on  removal?  What  amount 
of  property  is  necessary  ?     Religious  belief? 

78.  What  is  a  tax  ?  How  many  kinds  are  there?  Name  them.  How  is  a 
direct  tax  laid  ?  An  indirect  tax  ?  Are  direct  taxes  often  levied  ?  How  are 
direct  taxes  to  be  apportioned  ? 

79.  What  was  the  basis  of  taxation  by  the  Articles  of  Confederation?  What 
by  the  Constitution  ? 

,80.  How  is  the  representative  population  ascertained?  How  are  Indians 
included  if  taxed  ?  Is  the  representative  greater  or  less  than  the  total  popu- 
lation ? 

81.  When  the  Constitution  was  adopted,  were  there  slaves  in  all  the  States? 

82.  Are  slaves  included  in  the  representative  population  ?  AVhat  was  the 
effect  in  the  States  having  the  most  slaves  ? 

'83.  How  often  is  the  census  taken  ? 

84.  Who  takes  the  census?     What  oflBcers  are  they? 

85.  How  are  the  districts  divided?  What  is  the  duty  of  the  assistant? 
What  is  the  penalty  of  refusing  to  answer  ? 

86.  What  is  the  object  of  the  census  ?     What  the  results? 

89.  How  many  inhabitants  are  required  for  one  representative?  If  a  State 
should  not  contain  that  number,  what  is  the  law  ?  Is  the  number  of  repre- 
sentatives the  same  as  formerly? 

90.  How  many  delegates  has  each  organized  territory  ?  What  are  the  privi- 
leges of  the  territorial  representatives  ?  What  are  these  territories  generally 
called  ? 

91.  How  is  the  entire  representative  population  of  the  United  States  ascer- 
tained? How  is  the  representative  population  of  each  State  ascertained? 
What  is  the  aggregate  thus  found? 

92.  When  the  apportionment  is  completed,  what  is  then  required  ? 

*93.  How  is  the  ratio  of  representation  obtained  ?    What  States  have  a  popu- 
lation less  than  the  ratio?     How  many  representatives  are  left?     How  are 
they  assigned  ? 
,;94.  Why  was  an  additional  representative  allowed  to  California  ?     When  ? 
95.  How  many  modes  are  there  in  which  a  State  may  be  entitled  to  a  repre- 
sentative ?     Name  them. 

97.  What  is  the  law  when  vacancies  occur  in  the  representation?  For  what 
time  are  they  elected  ? 


QUESTIONS.  299 

98.  How  is  the  Speaker  of  the  House  of  Representatives  chosen  ?  What  is 
his  rank? 

99.  What  are  the  other  officers  of  the  House  of  Representatives  ?  Whnt  are 
the  duties  of  the  clerk  ?  Sergeant-at-arms  ?  Postmaster  of  the  House  ?  What 
oath  is  required  of  the  clerk?  Sergeant-at-arms  and  door-keeper?  For  what 
does  the  clerk  give  security  ?     What  are  the  duties  of  chaplain  ? 


CHAPTER  V. 
Repeat  clause  1. 

100.  What  constitutes  the  other  branch  of  legislative  power?  How  are 
senators  elected?  How  many  delegates  does  each  State  send  to  the  Senate? 
In  what  respect  does  the  Constitution  resemble  the  old  Confederation  ? 

101.  Does  the  Constitution  prescribe  the  mode  for  electing  senators?  How 
are  the  senators  chosen  in  most  of  the  States  ?  How  in  some  ?  What  is  the 
latter  mode  termed  ? 

103.  If  all  or  a  majority  of  the  States  should  refuse  to  elect  senators,  what 
would  be  the  effect?    What  if  one  State  should  refuse? 

Repeat  clause  2. 

104.  What  is  the  effect  of  this  clause?    What  occurs  every  two  years  ? 

105.  Would  a  State  be  represented  in  case  of  the  death  of  a  senator  ?  How 
are  vacancies  filled?  How  long  do  such  appointments  continue?  What  is 
the  rule  if  the  vacancy  occurs  when  the  legislature  is  in  sessiou  ? 

Repeat  clause  3. 

107.  Of  how  many  particulars  do  the  qualificationa  of  senator  consist? 
Name  them. 

108.  Why  must  a  senator  be  thirty  years  of  age  ?  Must  he  be  a  native  of 
the  United  States  ?     What  if  an  alien  ? 

109.  Where  must  he  reside  when  elected?  Why  are  the  qualifications  of  a 
senator  higher  than  those  of  a  representative  ? 

Repeat  clause  4. 
•  111.  Is  the  presiding  officer  of  the  Senate  a  member  of  that  body  ?     What 
reasons  are  assigned  for  it?     Why  would  the  Vice-President  be  supposed  to  be 
more  impartial  ? 

Repeat  clause  5. 

112.  How  are  the  other  officers  of  the  Senate  chosen  ?  When  has  the  Senate 
power  to  elect  its  president  ? 

113.  What  is  it  customary  for  the  Vice-President  to  do  just  before  the  close 
of  each  session  ?     What  does  the  Senate  dp  then  ? 

Repeat  clause  6. 

114.  What  body  has  the  sole  power  of  impeachment?  What  the  power  /,o 
try  impeachments  ?     What  is  the  object  of  this  provision  ? 

115.  What  is  an  impeachment? 

116.  Is  a  judge  of  the  Supreme  Court  of  the  United  States  liable  to  impeach- 
ment? 

117.  When  the  Senate  tries  an  impeachment,  are  the  senators  sworn  ?  What 
is  an  affirmation  ?     What  majority  of  the  Senate  is  necessary  for  conviction  ? 

118.  Upon  the  removal  of  the  President,  where  do  his  powers  and  duties 
devolve  ?  Who  is  president  of  the  Senate  in  a  case  of  impeachment  of  the 
President  of  the  United  States. 

120.  What  is  the  judgment  in  cases  of  impeachment  in  the  United  States  ? 
Suppose  his  offence  to  be  punishable  by  law? 

121.  What  would  be  the  judgment  of  the  Senate  on  conviction  for  treason  ? 
Would  the  person  be  subject  to  indictment  in  a  court  of  law  ?  If  so,  what 
would  be  the  punishment?  If  acquitted,  how  would  the  judgment  of  th« 
Senate  stand  ? 


300  QUESTIONS. 

122.  What  is  the  first  step  when  it  is  proposed  to  impeach  an  oflScer?  What 
is  done  if  the  report  be  favourable  ?  What  is  then  done  by  the  Senate  ?  What 
is  done  on  the  day  of  his  appearance  ?  What  body  replies  ?  What  does  it 
declare  ? 

123.  Describe  the  mode  of  trial. 


CHAPTER  VI. 

Rkpeat  clause  1. 

124.  Why  was  not  a  general  election  law  established  ?  To  what  bodies  is 
the  regulation  of  elections  intrusted?  What  power  is  reserved  to  Congress? 
In  what  cases  would  that  power  be  necessary  ?  Can  Congress  alter  the  place 
of  choosing  senators? 

126.  What  is  the  provision  of  the  act  of  June  25,  1842  ? 
Repeat  clause  2. 

127.  How  does  the  English  Parliament  assemble  ?  How  often  does  Congress 
assemble  ?     When  ? 

128.  How  long  does  a  Parliament  exist  under  statute  of  George  I.? 

129.  Does  the  Constitution  determine  the  place  where  Congress  shall  meet? 
Under  what  contingencies  may  the  President  convene  Congress  at  any  place 
he  may  think  proper? 

Repeat  clause  1,  sec.  5. 

131.  What  is  the  law  when  an  election  of  a  member  of  the  House  shall  be 
contested  ? 

132.  How  shall  evidence  be  taken  in  such  cases  ? 

133.^  How  is  the  passage  of  laws  by  a  small  number  prevented? 

134.  What  are  the  rules  in  case  of  absence  of  members  from  the  House  of 
Representatives  ? 

Repeat  clause  2. 

135.  Does  the  Constitution  prescribe  the  mode  of  transacting  business  in 
Congress  ? 

136.  What  enables  Congress  to  maintain  its  usefulness  and  independence? 

138.  Has  either  House  power  to  punish  for  a  breach  of  its  privileges,  Ac? 

139.  When  imprisonment  is  part  of  the  punishment,  when  does  it  terminate? 
Repeat  clause  3. 

140.  What  is  the  object  of  a  journal?  Who  draws  up  the  journal  of  the 
House  ?     Who  that  of  the  Senate  ? 

141.  Are  the  deliberations  of  both  Houses  open  to  the  public  ?  What  are 
executive  sessions  ?  What  is  the  rule  when  the  Senate  is  acting  on  confidential 
business  ? 

142.  What  is  the  rule  when  the  House  receives  confidential  communications? 
What  is  the  rule  when  the  Speaker  or  a  member  has  a  secret  communi 
cation  ? 

143.  In  what  cases  are  the  proceedings  of  the  Senate  contained  in  manu 
script  records  ?     To  whom  are  they  accessible  ? 

144.  What  publications  have  been  printed  and  regularly  issued  from  the 
time  of  the  organization  of  government?  What  are  the  rules  with  regard 
to  printed  copies  of  the  journal  of  the  House  ? 

145.  What  is  meant  by  taking  the  yeas  and  nays?  How  is  it  done?  Why 
can  they  not  be  taken  except  by  a  vote  of  one-fifth  of  the  members  ? 

146.  Can  a  member  of  Congress  vote  by  proxy  ? 

147.  In  what  case  is  a  member  of  the  House  not  allowed  to  vote?  What 
contract  is  a  member  of  Congress  forbidden  to  enjoy?  What  is  the  law  if  he 
enters  into  such  contract?  What  is  the  effect  if  an  oflRcer  of  the  Unit«d  States 
enters  into  a  public  contract  with  a  member  of  Congress? 

Repeat  clause  4. 


QUESTIONS.  301 

149.  Can  the  President  put  an  end  lo  a  session  of  Congress?  Can  he 
adjourn  its  sittings  ? 

150.  IIow  only  can  Congress  separate?  How  often  does  a  new  Congress 
commence?  How  many  sessions  does  a  Congress  generally  hold?  What 
does  the  Constitution  require?  How  is  the  closing  of  one  session  and  the 
commencement  of  another  determined  ?  What  time  must  Congress  necessarily 
adjourn  in  every  second  year  ? 

Repeat  clause  1,  sec.  6. 

161.  Do  the  members  of  the  English  Parliament  receive  compensation? 
Are  members  of  Congress  compensated?     Why  ? 

J5;J.  Since  1817,  what  has  been  the  compensation  of  members  of  Congress? 
Of  the  President  of  the  Senate  in  the  absence  of  Vice-President,  and  of  the 
Speaker  of  the  House  ? 

154.  What  is  the  duty  of  the  sergeant-at-arms,  by  the  rules  of  the  House  ? 

155.  Who  has  charge  of  the  funds  for  the  use  of  the  Senate  ?  What  security 
does  he  give  for  their  faithful  application  ? 

156.  What  personal  privileges  are  members  of  Congress  entitled  to  ?  What 
is  the  reason  for  this  exemption  ?  Do  these  privileges  extend  to  the  families 
cf  the  members  ? 

157.  What  are  the  limits  of  this  privilege?  ' 

158.  Is  it  lawful  to  question  a  member  of  Congress  in  any  other  place  for 
»«»y  speech,  &o.  ?    How  have  the  debates  in  Congress  been  published  ? 

Repeat  clause  2. 

160,  Can  an  oflBcer  under  the  United  States  be  a  member  of  Congress? 
'-«n  one  who  holds  snob,  an  office  be  elected  ?    When  must  he  resign  it  ? 


CHAPTER  VII. 
Repeat  clause  1. 

161.  How  are  bills  for  raising  revenue  generally  considered  ? 

162.  Which  house  has  the  right  to  originate  such  bills  ?     Why? 
163    What  kind  of  body  is  the  Senate  ? 

Rop'iat  clause  2. 

164.  How  is  the  mode  of  enacting  laws  determined?  When  may  bills 
originate  ?    What  are  the  exceptions  ? 

165.  How  may  a  bill  be  introduced  in  the  House? 

166.  How  many  readings  must  a  bill  receive  ?  How  many  in  the  same  day  ? 
If  opposed  at  the  first  reading,  what  is  the  question  ?  If  no  opposition  is 
made,  what  is  done  next?    Is  the  whole  bilj  read  ?     Why? 

167.  What  is  the  practice  when  a  bill  is  ordered  to  be  engrossed? 

169.  What  takes  place  after  the  passage  of  the  bill  in  the  House?  What  if 
the  Senate  refuse  to  concur  ?  What  if  the  Senate  pass  the  bill  with  amend- 
ments ? 

170.  What  is  a  committee  of  conference?    What  are  its  duties? 

171.  After  a  bill  has  passed  both  houses,  what  is  done? 

172.  By  whom  is  the  enrolled  bill  signed?  What  does  the  endorsement 
certify?     To  whom  is  it  then  presented? 

173.  Does  he  sign  it?  To  what  is  his  power  confined?  What  is  this  power 
railed? 

174.  What  is  the  meaning  of  the  word  veto? 

175.  In  England  is  the  king's  veto  absolute?  Is  the  President's  veto  abso- 
ittte  ?     What  is  the  efifect  ? 

176.  What  is  the  object  of  the  veto?     What  is  it  intended  to  check? 

178.  Are  the  objections  of  the  President  recorded?  How  is  the  vote  upon 
tbe  passage  of  a  law  required  to  be  taken  ?     Why  is  this  done  ? 

17y.  If  a  bill  is  passed  by  a  vote  of  two-thiids  of  the  house  in  which  it 

26 


dU'J  QUESTIONS. 

originated,   what   is   the  rule  ?     What  if   approved  by   two-thir  Js  of   that 
house? 

180.  How  might  the  President  prevent  or  delay  the  passage  of  a  bill  ?   "Whai 
ia  the  provision  to  avoid  such  a  contingency  ? 

181.  When  does  an  act  of  Congress  go  into  effect?    What  ie  the  excel  tion/ 
Repeat  the  commencement  of  an  act  of  Congress. 

Repeat  clause  3. 


CHAPTER  VIII. 

184*  What  are  concurrent  powers?    Exclusive  powers ? 
Repeat  clause  1. 

186.  To  how  many  purposes  is  the  power  of  Congress  to  lay  taxe?  limited  ? 
What  are  they? 

187.  How  are  duties  charged?  To  what  are  they  chiefly  confined ?  Why 
are  taxes  laid  upon  exported  articles?  What  is  the  meaning  of  impost?  What 
are  excises  ? 

189.  Are  duties,  imposts,  and  excises  different  in  the  several  States?  Are 
taxes  uniform  throughout  the  States  ?     What  is  a  cai)itation  or  poll-tax  ? 

190.  What  two  rules  govern  Congress  in  imposing  taxeo  ?  Eow  are  capitation 
and  other  direct  taxes  laid  ?  How  are  duties,  imposts,  excises,  and  indireei 
ttxes  generally  laid  ? 

191.  Illustrate  the  difference  between  the  operation  of  a  direct  tax  laid 
according  to  the  first  rule,  and  an  indirect  tax  according  to  the  second  rule. 

194.  How  far  does  the  power  of  Congress  to  lay  and  collect  taxes,  duties, 
imposts,  and  excises  extend  ?  Where  is  Congress  not  bound  to  extend  a  direot 
tax  ?     Why  are  they  held  subject  to  taxation  ? 

195.  What  are  generally  considered  direct  taxes  ? 

'  196.  Of  how  many  kinds  are  duties  on  imposts?    Name  them.     What  is  a 
specific  duty  ?     What  is  an  ad  valorem  duty  ? 

197.  On  what  are  duties  laid?     What  is  meant  by  tonnage  ? 

198.  Do  vessels  of  the  United  States  pay  duty  when  entering  the  ports  of 
the  United  States  ?  In  what  cases  are  tonnage  duties  on  foreign  vessels 
abolished  ? 

199.  Can  the  States  lay  imposts  or  duties  on  exports  or  imports  ?  What  are 
inspection  laws?     Can  the  States  lay  duties  on  tonnage? 

200.  Who  pays  the  duties  charged  upon  imports  or  exports  ?  What  is  the 
law  if  the  imported  goods  are  not  to  be  used'  in  the  United  States  ?  What  is 
this  allowance  called  ?     What  is  debenture  ? 

201.  What  is  a  tariff  ? 

202.  What  is  a  bonded  warehouse  ? 

203.  Where  the  acts  of  Congress  impose  an  ad  valorem  rate  of  duty,  how  is 
true  value  of  the  goods  ascertained  upon  which  the  duties  are  assessed  ? 

204.  Who  are  the  detectors  of  frauds  in  invoices  ? 

205.  What  is  an  invoice  ?  How  must  invoices  of  imported  goods  be  veri- 
fied?    Who  is  the  consignor?     Who  the  consignee  ? 

206.  Who  are  the  appraisers?     What  are  their  duties? 

207.  What  is  done  when  goods  are  not  invoiced  to  their  true  value  through 
ignorance?     What  when  fraud  is  suspected? 

208.  What  is  a  manifest?  What  is  required  in  the  manifests  of  ves&ols 
belonging  in  whole  or  part  to  citizens  of  the  United  States  ? 

209.  Under  what  direction  are  the  charges  upon  goods,  Ac.  imported  or 
exported  collected  ?  For  this  purpose  how  are  the  States  divided  ?  What  U 
established  in  each  collection  district  ? 

210.  What  does  the  collector  receive?  What  is.  meant  by  the  entry  o»' 
afoods  ? 


QUESTIONS.  303 

211.  What  are  the  duties  of  the  collector?  '"What  is  the  law  with  regard  to 
(he  unloading  and  delivery  of  goods  ?  Where  ia  the  official  business  of  the 
collector  transacted  ? 

213.  What  other  officers  are  appointed  in  some  of  the  more  important  ports? 
W  hat  are  the  duties  of  the  naval  officer  ? 

214.  Who  appoints  the  naval  officer?  What  officer  is  he  a  check  upon? 
What  entries  are  continued  in  the  naval  office  ? 

215.  What  are  the  duties  of  the  surveyor  ?     By  whom  is  he  appointed? 

216.  What  are  the  duties  of  the  officers  of  the  ports  if  they  suspect  goods 
Biibject  to  duty  to  be  concealed  in  a  vessel?  If  concealed  in  any  store  or 
building? 

217.  What  goods  are  liable  to  forfeiture?  How  are  other  violations  of  the 
revenue  laws  punished? 

218.  What  are  revenue  cutters  ?  For  what  are  they  used  ?  Who  are  smug- 
glers  ?     What  other  laws  do  the  revenue  cutters  aid  in  enforcing  ? 

219.  What  are  the  privileges  of  vessels  owned  and  commanded  by  our  own 
citizens  ? 

220.  What  is  the  registry  of  a  vessel? 

221.  Is  the  owner  of  a  vessel  bound  to  register  it?  What  is  the  law  if  a 
vessel  is  not  registered  ? 

222.  What  is  required  in  order  to  obtain  a  register?  What  if  the  master 
bo  changed  or  the  vessel's  name  altered  ? 

223.  What  is  the  coasting  trade  ?  What  is  required  of  vessels  in  the  coast- 
ing and  fishing  trades  in  order  to  be  entitled  to  the  privileges  of  vessels  of  the 
United  States?  What  if  they  are  less  than  twenty  tons  burden?  How  long 
are  licenses  valid? 

224.  How  may  registered  vessels  be  enrolled  and  licensed?  How  may  those 
enrolled  and  licensed  be  registered  ?  What  is-  required  of  vessels  enrolled  and 
licensed  for  the  coasting  trade,  before  proceeding  on  a  foreign  voyage  ? 

22*    What  are  unregistered  vessels?     Under  what  authority  do  they  sail? 

226.  When  are  certificates  of  registry,  enrolment,  and  licenses  termed  per- 
manent?    When  temporary  ? 

227.  What  is  a  protection  certificate? 
Repeat  clause  2.     Repeat  clause  3. 

229.  What  is  commerce  ?    How  is  the  word  used  in  the  Constitution  ? 

231.  What  power  has  Congress  in  regulating  commerce  ?  How  far  does  tlae 
power  extend  ? 

232.  Why  cannot  a  State  lay  a  tax  on  importers  or  imported  goods  ? 

233.  What  is  quarantine?  What  is  the  object  of  compelling  a  vessel  to 
perform  quarantine?  ^ 

234.  To  what  other  cases  does  the  authority  of  Congress  also  extend  ?  What 
U  an  embargo  ? 

236.  How  are  the  Indians  within  a  State  or  the  territories  regarded  ? 
Repeat  clause  4. 

237.  What  is  meant  by  naturalization  ? 

240.  How  long  must  a  foreigner  reside  in  the  United  States  before  he  can  bo 
naturalized? 

241.  How  may  an  alien,  being  a  free  white  person,  become  a  citizen  of  the 
\''nited  States  ?     What  is  this  act  called  ? 

242.  What  is  required  at  the  time  of  his  application?  How  long  must  he 
have  resided  in  the  United  States?  How  long  in  the  State  or  territory  where 
he  then  resides?  What  other  qualifications  are  necessary?  How  must  the 
applicant  prove  his  residence  ? 

243.  In  what  cases  are  children  of  persons  duly  naturalized  considered  as 
ciH/.cins  of  the  United  States?  When  are  persons  born  out  cf  the  United 
States  considered  as  citizens?  In  what  cases  are  the  widow  an i  children  of 
%n  alien  considered  as  citizens  ? 


304  QUESTIONS. 

244.  What  are  aliens  required  to  renounce  on  becoming  citizens? 

245.  What  is  the  cause  of  bankruptr-y  and  insolvency?  To  what  claes  cf 
persons  does  a  bankrupt  law  apply  ?     Who  does  the  insolvent  law  protect? 

246.  Where  is  the  power  to  establish  bankrupt  laws  vested? 

248.  Is  there  any  national  bankrupt  law  in  force  now  ? 
Rijpeat  clause  5. 

249.  Why  are  the  powers  to  coin  money  and  to  fix  the  standard  of  weightd 
and  measures  vested  in  Congress?     Where  is  money  coined? 

250.  What  are  the  duties  of  the  director  of  the  mint?  The  treasurer?  The 
as?ayer?     The  melter  and  refiner  ?     Chief  coiner?     The  engraver  ? 

251.  Where  is  the  mint  situated  ? 

252.  Would  it  be  lawful  for  a  person  to  take  uncoined  gold  or  silver  to  the 
mint  to  have  it  coined?  Is  the  treasurer  of  the  mint  obliged  to  receive  de- 
posits of  less  value  than  one  hundred  dollars. 

253.  Where  have  branches  of  the  mint  been  established? 

254.  What  are  the  weights  and  measures  of  the  States  ? 
Repeat  clause  6.     Repeat  clause  7. 

260.  How  are  the  mails  carried  ? 

261.  Under  whose  direction  is  the  post-office  of  the  United  States?  What 
power  has  he  by  act  of  Congress.  What  is  required  of  him  and  others  em- 
ployed in  the  general  post-office  previous  to  entering  upon  the  discharge  of 
their  duties?     In  what  cases  is  a  heavy  penalty  imposted  on  a  postmaster? 

263.  What  postmasters  are  appointed  by  the  President?  What  by  the  Post- 
master General? 

264.  What  is  meant  by  franking?     By  whom  is  this  privilege  possessed  ? 
267.  What  are  the  post-roads  generally  selected  ?     Of  what  are  post-roads 

declared  to  consist? 
Repeat  clause  8. 

269.  What  are  the  means  used  to  promote  science  and  arts  ?  What  class  of 
persons  does  this  clause  protect? 

270.  To  whom  are  letters-patent  granted  ? 

271.  Who  is  ths  chief  officer  of  the  patent-office?  What  are  his  duties? 
What  are  the  duties  of  the  examiners? 

272.  What  is  a  patent?     What  does  it  contain  ? 

273.  What  is  the  specification  ?     What  is  required  in  the  specification  ? 

275.  What  is  the  duty  of  the  commissioner  on  the  receipt  of  the  applica- 
tion,  Ac.  ?     What  is  the  cost  of  a  patent  to  a  citizen  of  the  United  States  ? 

276.  Can  a  patent  be  extended? 

277.  For  what  term  are  the  authors  of  books,  «S;c.  entitled  to  the  exclusive 
right  of  printing,  publishing,  and  selling  them?  What  is  this  privilege 
termed  ? 

278.  What  is  required  of  an  author  or  proprietor  in  order  to  obtain  a  copy- 
right? 

279.  What  is  required  to  be  inserted  in  every  copy  during  the  duration  of 
the  right?     Why  is  this  done? 

280.  Is  a  person  entitled  to  print  or  publish  a  manuscript  without  the  con- 
Bent  of  the  author? 

Repeat  clause  9.     Repeat  clause  10. 

283.  What  is  piracy  ?     What  do  the  high  seas  include  ? 

285.  What  are  the  offences  on  the  high  seas  declared  by  Congress  to  be 
treated  as  piracies? 

286.  In  what  case  shall  a  mariner  or  captain  be  deemed  a  pirate  and  felon  ? 

287.  What  has  the  slave-trade  been  declared  ? 

288.  What  is  understood  by  the  law  of  nations?  Mention  some  offences 
►gainst  the  law  of  nations?  Where  is  the  punishment  of  such  offencei 
vested  ? 

Repeat  cluuse  11. 


(.UESTIONS.  305 

290.  What  are  meant  by  letters  of  marque  and  reprisal?  "VV-iat  is  the 
meaning  of  reprisal  ?     What  of  marque  ? 

292.  What  is  capture?  May  all  vessels  belonging  to  the  enemy  be  cap- 
tured ?     What  is  a  prize  ?     What  is  booty  ? 

29.3.  What  is  the  general  practice  of  nations  with  regard  to  captured  pro- 
perty ?     What  is  the  rule  when  a  prize  is  taken  at  sea? 

294.  When  are  the  proceeds  of  all  ships  and  vessels  considered  the  sole  pro- 
jrerty  of -the  captors?     When  of  inferior  force,  what  is  the  law? 

295.  What  courts  are  authorized  to  try  the  question  of  prize  or  no  prize  ? 
Repeat  clause  12. 

297.  How  has  Congress  the  right  to  raise  armies?  For  how  long  a  period 
■ball  there  be  an  appropriation  for  the  support  of  the  military  ? 

298.  How  long  are  enlistments  required  to  be? 

299.  What  is  the  oath  required  by  the  officers,  <fcc.  of  the  army? 
Repeat  clause  1.3. 

300.  Of  what  use  is  a  navy  ?  »  Name  the  first  three  vessels  commissioned  for 
»ur  service.  ' 

301.  What  is  hospital  money? 

302.  What  others  are  subject  to  the  same  deduction  ? 

303.  How  are  invalid  seamen  provided  for  in  smaller  ports  ?  Where  has  one 
;>ermanent  naval  asylum  been  established? 

304.  What  institution  did  Congress  authorize  to  be  erected  near  Washington  ? 
•     305.  What  are  pensions  ? 

306.  What  are  invalid  pensions  ? 

307.  What  are  gratuitous  pensions  ? 

308.  What  are  bounty  lands  ? 
Repeat  clause  14.     Repeat  clause  16. 

310.  For  what  purpose  has  Congress  a  right  to  call  the  militia  of  the  States? 
What  is  meant  by  militia? 

311.  Who  is  to  judge  of  the  necessity  of  calling  out  the  militia?  How  may 
the  militia  be  called  forth  ?  Under  whose  control  are  the  array  and  navy  of 
the  United  States  ?     How  can  the  President  ca-U  forth  the  militia  ? 

Repeat  clause  16. 

313.  Can  one  State  control  the  militia  of  another  State?  How  are  the 
officers  appointed ?  How  are  the  militia  trained?  When  do  the  States  train 
and  discipline  the  militia? 

Repeat  clause  17. 

314.  In  what  State,  if  any,  is  the  seat  of  government? 

315.  Where  is  it?     What  is  the  name  of  the  District? 

317.  Are  the  inhabitants  of  the  District  regarded  as  citizens  of  any  State? 
Are  they  liable  to  taxation?  How  are  their  local  affairs  regulated?  How  are 
Washington  and  Georgetown  governed? 

318.  How  can  Congress  acquire  property  in  a  State  ?  The  consent  cf  wha« 
body  is  required? 

319.  Who  has  the  jurisdiction  over  places  purchased  by  government?  How 
are  offences  committed  there  to  be  tried  ? 

Repeat  clause  18. 

CHAPTER   IX. 
Repkat  clause  1. 

323    What  was  the  main  object  of  this  clause?     By  the  act  of  1820  how  Li 
the  slave-trade  considered? 
Repeat  clause  2. 

327.  What  is  a  writ? 

328.  What  is  meant  by  a  writ  of  habeas  enrpns  ? 

329.  What  would  be  done  if  a  person  alleged  in  writing  that  he  was  t  nlair- 
fully  deprived  of  his  liberty  ?     To  whom  is  the  writ  directed  ? 

26* 


306  QUESTIONS. 

330.  What  is  d  me  when  the  inaprisoment  is  illegd  ?     When  lega'i? 
Repeat  clause  3. 

332.  What  are  bills  of  attainder  ? 

333.  What  are  ex  post  facto  laws  ?     Why  are  those  laws  prohibited  ? 
Repeat  clause  4.     Repeat  clause  5.     Repeat  clause  6. 

336.  Why  is  no  preference  given  to  one  port  over  another  ? 
Repeat  clause  7. 

338.  What  does  this  clause  prevent  ?  To  whom  does  the  money  in  the  Trea 
»nry  belong?  Who  keep  the  Treasury  accounts?  To  whom  does  he  leport, 
•nd  to  what  body  is  the  report  transmitted? 

339.  Can  the  government  be  sued  for  claims  ?  What  is  the  mode  of 
redress  ? 

Repeat  clause  8. 

340.  What  is  a  fundamental  principle  of  our  government?  Why  are  titles 
of  nobility  prohibited  ? 

341.  Why  is  a  person  holding  office  prohibited  from  receiving  a  present  from 
a  foreign  power?  What  is  required  in  order  that  such  officer  may  receive  those 
gifts  ?    To  what  persons  does  the  prohibition  not  extend  ? 

342.  Are  gifts  from  foreign  princes  ever  sent  to  the  President?  What  is 
generally  done  in  those  cases? 


CHAPTER   X. 
Repeat  clause  1. 

343.  Can  a  State  enter  into  a  treaty?  Why?  Why  should  not  foreign 
powers  form  alliances  with  any  State  ?  In  whom  is  the  treaty-making  power 
vested  ? 

344.  Under  the  Constitution  where  is  the  power  to  issue  letters  of  marqne 
and  reprisal  vested  ?  What  danger  might  arise  if  this  power  was  vested  in 
the  States  ? 

345.  Can  any  State  coin  money  ? 

346.  What  is  meant  by  bills  of  credit  ?  Can  the  States  issue  such  bills  ? 
What  were  the  bills  of  credit  issued  during  the  Revolution  called  ?  To  what 
amount  were  bills  of  credit  then  issued  ?  What  was  the  object  of  this  pro- 
hibition ? 

347.  What  is  the  lawful  tender  of  the  States?  What  was  the  object  of  this 
restriction  ? 

349.  Can  the  States  impair  the  obligations  of  contracts  ?  What  is  a  con- 
tract ?  What  is  the  obligation  of  a  contract  ?  What  would  be  the  efiect  if  the 
law  was  changed  enforcing  its  fulfilment  ? 

354.  In  what  cases  can  charters  granted  by  a  State  be  altered  or  impaired? 
What  charters  may  be  repealed  and  changed? 

355.  What  are  retrospective  laws  ? 

356.  Can  the  States  grant  titles  of  nobility? 
Repeat  clause  2. 

358.  Can  a  State  lay  duties  on  exports  or  imports  ? 

359.  Can  a  State  enact  inspection  laws ?  What  are  inspection  laws?  Wh\t 
if  the  object  of  these  laws? 

Repeat  clause  3. 

363.  Under  what  restrictions  can  the  States  lay  duty  on  tonnage? 

364.  Can  the  States  keep  troops  or  ships  of  war  in  time  of  peace  ?  What  is 
ihe  rule  in  time  of  war  ? 

365.  Can  a  State  enter  into  compact  with  another  State?  What  is  the 
restriction  ?     What  is  the  utility  of  this  law  ? 

366.  Can  a  State  engage  in  war  without  the  consent  of  Congreea  ?  Where 
ifi  the  power  to  declare  war  vested  ? 


QUESTIONS.  601 

CHAPTER  XI. 
Repeat  clause  1. 
368.  In  whom  is  the  executive  power  vested  ? 

370.  How  long  does  the  President  hold  his  office  ? 

371.  When  does  the  term  commence?  When  does  it  expire  ?  How  often 
inay  a  President  be  re-elected?    What  example  guides  this  matter  ? 

372.  Why  was  the  ofi&ce  of  Vice-President  created? 
Repeat  clause  2. 

373.  How  are  the  President  and  Vice-President  chosen  ?  What  ib  meant  by 
the  electoral  college  ? 

376.  To  what  number  of  electors  is  each  State  entitled? 

377.  Who  are  excluded  from  being  electors  ? 

378.  What  is  the  rule  if  the  electors  fail  to  make  a  choice  ? 

379.  Where  does  each  electoral  college  meet? 

383.  How  is  the  President  chosen  in  the  House  of  Representatives? 
385.  Describe  the  manner  in  which  Thomas  Jefferson  was  elected? 
388.  How  are  the  electors  to  vote? 
.    389.  What  is  the  rule  if  no  one  has  a  majority? 

390.  What  if  the  choice  of  a  President  falls  on  the  House  of  Representa- 
tives, and  they  fail  ? 

391.  How  is  the  Vice-President  elected?  What  proportion  of  senators  con- 
Btitute  a  quorum  for  this  purpose  ?     How  are  the  votes  of  the  Senate  taken  ? 

392.  Can  one  who  is  ineligible  to  the  office  of  President  be  eligible  to  the 
office  of  Vice-President  ? 

393.  How  was  John  Q.  Adams  elected  in  1825  ? 
Repeat  clause  4. 

394.  How  many  electors  is  each  State  entitled  to  ? 

395.  Where  are  the  electors  required  to  give  their  votes?  Where  do  they 
asually  meet?     What  is  further  required  of  the  electors? 

396.  What  is  the  rule  if  there  should  then  be  no  President  of  the  Senate  at 
the  seat  of  government?  What  is  required  to  be  done  with  the  other  two 
certificates  ? 

397.  What  is  required  of  the  executive  authority  of  each  State  ? 

398.  What  is  required  to  be  done  if  a  list  of  votes  shall  not  have  boeti 
received  at  the  time  appointed  ? 

399.  Where  are  the  certificates  to  be  opened  ?  By  whom?  In  the  presence 
of  whom  ?  ^ 

Repeat  clause  5. 

401.  Of  how  many  particulars  do  the  qualifications  of  President  consist? 
Kame  the  first;  the  second;  the  third;  th«  fourth. 

402.  Why  are  aliens  and  foreigners  excluded  from  the  office  of  Presiden.  ? 

403.  Why  should  the  President  be  thirty-five  yeans  of  age  ? 

404.  Why  is  a  previous  residence  of  fourteen  years  required?  Does  it  pre- 
clude a  temporary  sojourn  in  foreign  countries  ? 

Repeat  clause  6. 

405.  In  case  of  death,  Ac.  of  the  President,  on  whom  do  his  duties  divoivo? 

406.  In  case  of  death,  Ac.  of  the  President  and  Vice-President,  who  fhall 
act  as  President?  Who  in  case  there  shall  be  no  President  of  the  Scufito pro 
tempore  f 

407.  What  does  the  Vice  President  generally  do  just  before  the  close  cf 
every  session  ? 

408.  In  what  case  is  there  no  provision  made  for  President? 

409.  What  is  the  rule  when  the  office  of  President  and  Vice-President  shaU 
both  become  vacant  ? 

Repeat  clause  7. 

410.  Has  Congress  the  power  to  deprive  the  President  of  his  salary?  Ca* 
his  salary  be  increased  during  his  term  of  office  ? 


^OS  QUESTIONS. 

411.  Whal^.is  the  salary  of  the  President?     Of  the  Vice-President? 
Repeat  clause  8.     Repeat  clause  1,  sec.  2. 

414.  Who  is  commander-in-chief  of  the  army  and  navy?  "When  onlj  can., 
he  command  the  militia  of  the  several  States  ? 

415.  The  opinions  of  whom  may  the  President  require  in  writing?  Is  he 
bound  to  adopt  such  opinions  ?     The  opinions  of  whom  can  he  not  require? 

416.  Who  is  authorized  to  grant  reprieves  and  pardons  for  oflfonces  against 
the  United  States?  What  cases  excepted?  What  is  a  reprieve  ?  A  pardon? 
What  does  the  pardoning  power  include? 

417.  Against  whom  is  impeachment  generally  employed?  For  what?  How 
/ar  does  the  judgment  extend?  What  portion  of  the  Senate  must  concur? 
What  is  the  object  of  impeachment  ? 

Repeat  clause  2. 

418.  What  is  a  treaty  ?     What  are  the  suhjects  of  treaties  ? 

,419.  How  are  treaties  usually  formed?     When  is  the  treaty  finally  binding? 

420.  How  is  a  treaty  concluded  in  practice? 

421.  Can  the  Senate  make  alterations  in  a  treaty?  When  does  it  become 
a  law  ? 

422.  In  whom  is  the  appointing  power  vested?  Under  what  restrictions? 
To  whom  does  this  power  extend  ? 

423.  What  is  the  rule  when  nominations  shall  be  made  by  the  President  in 
writing  ?  What  is  the  rule  as  to  remarks  concerning  the  character,  &c.  of  a 
person  nominated  ? 

424.  Can  the  Senate  reject  a  nomination  made  by  the  President?  Can 
they  nominate  another  person  ? 

425.  To  constitute  a  full  appointment  there  are  three  requisites  Name  the 
first;  the  second;  the  third. 

426.  What  is  necessary  to  make  an  appointment  complete  ? 

427.  What  is  the  commission?  Is  its  delivery  necessary  ?  If  lost,  would 
the  appointment  be  void?     From  what  date  is  the  salary  received? 

428.  In  whom  is  the  power  of  removal  vested  ? 

430.  How  far  does  the  power  of  the  President  to  remove  officers  extend? 

431.  What  are  the  duties  of  public  ministers? 

433.  How  many  grades  of  public  ministers  are  there?  Name  those  of  the 
first  class.  Whom  do  they  represent  ?  How  are  ambassadors  divided?  How 
are  ordinary  ambassadors  employed?    How  are  extraordinary? 

434.  Name  the  i^cond  class  of  public  ministers.  Name  the  third.  How  do 
ministers  of  the  second  and  third  classes  represent  their  State  or  sovereign  ? 

435.  Who  are  consuls?  Are  they  considered  as  public  ministers?  What  is 
required  before  they  can  enter  on  their  duties  ?     Who  is  a  vice-consul  ? 

436.  What  are  the  duties  of  consuls  of  the  United  States?  What  have 
they  authority  to  receive  ?  What  is  required  of  them  ?  What  power  have 
they  ? 

437.  Are  consuls  permitted  to  transact  business  in  their  own  name  ?  What 
is  the  penalty  ? 

438.  What  is  the  law  with  regard  to  the  persons  and  goods  of  foreign  aui- 
bftssadors?  Are  they  responsible  to  the  laws  of  the  country  to  which  they  are 
Boat?  What  is  the  law  if  they  insult  the  government  to  which  they  are  sent, 
or  violate  its  laws  ? 

439.  Are  consuls  entitled  to  the  privileges  of  public  ministers  ?  Are  they 
•ubjeet  to  the  laws  of  the  country  where  they  reside? 

Repeat  clausa  3. 

441.  What  is  the  law  should  a  vacancy  occur  when  the  Senate  is  not  in 
Bession  ?     When  does  that  appointment  expire? 

Rd^peat  section  3. 

4^.  What  was  tho  origin  of  the  President's  written  message  to  Congress? 
What  two  Presidents  delivered  them  personally  ?     By  whom  was  the  practice 


QUESTIONS.  309 

iiseontinuod  ?     Is  Congress  obliged  to  adopt   the  recommendations   of   the 
President? 

445.  "Why  hcts  tho  President  the  power  to  call  together  both  houses  of 
Congress  ? 

447.  Who  is  authorized  to  receive  public  ministers?  What  is  required  of 
foreign  ministers? 

448.  What  laws  does  the  President  see  executed?  Why  is  this  duty  laid 
upon  him  ? 

450.  Who  comraibsions  all  the  officers  of  the  United  States?  By  whom 
arc  the  commissions  of  the  public  officers  signed  ?    What  seal  have  they  ? 

Repeat  section  4. 

451.  To  whom  does  the  power  of  impeachment  extend  ?  What  is  meant  by 
civil  officers  of  the  United  States?  Who  are  not  considered  as  civil  officers? 
Are  they  liable  to  impeachment?     To  what  discipline  are  they  subject? 

452.  What  is  commonly  meant  by  crimes  ?  By  misdemeanors  ?  What  is 
bribery  ? 

453.  Are  members  of  Congress  liable  to  impeachment  ? 

454.  Is  the  sovereign  of  England  answerable  for  official  misconduct?  Is 
the  President  of  the  United  States  ? 

455.  Is  the  President  considered  as  a  private  citizen?  Except  in  what 
eases  ? 

456.  Name  the  ^residents,  and  the  number  of  terms  they  were  in  office  ? 


CHAPTER  XII. 

457.  H»w  is  the  executive  and  administrative  business  of  the  government 
managed  ?     Name  tho  executive  departments  ? 

468.  By  whom  are  the  heads  of  the  departments  appointed?  What  do  they 
constitute?     Is  the  Vice-President  a  member  of  the  cabinet  ? 

459.  Who  are  the  constitutional  advisers  of  the  President  ? 

460.  By  whom  is  the  head  or  chief  officer  of  a  department  nominated?  By 
whom  may  he  be  removed?  What  is  the  rule  if  a  vacancy  should  happen 
during  the  recess  of  Congress  ?     What  are  bureaus  ? 

461.  How  can  copies  of  their  records  be  made  evidence  ? 

462.  Can  the  heads  of  the  departments  make  a  contrfict  in  behalf  of  tho 
United  States  ?     What  is  the  exception  ? 

463.  What  are  the  duties  of  Secretary  of  State  ?     What  is  his  salary  ? 

464.  By  whom  are  passports  granted  to^American  citizens? 

465.  After  laws  have  been  passed  by  Congress,  what  is  done  ? 

466.  What  other  officers  are  there  in  the  Department  of  State  besides  the 
Secretary  ? 

468.  What  are  the  duties  of  the  Secretary  of  War?  Does  he  compc«e  pari 
of  the  array  ?     What  is  his  salary? 

469.  Who  is  the  Quartermaster-general?  The  Chief  Engineer?  Colonel 
of  Topographical  Engineers?  Colonel  of  Ordnance?  Commissary-general? 
Paymaster-general  ?     Surgeon-general  ? 

470.  The  supervision  of  what  armories  belongs  to  the  Secretary  of  War? 
For  what  purpose  are  these  armories?  In  what  other  way  does  goveinii^ent 
procure  arms  ? 

471.  Into  how  many  military  divisions  are  the  United  States  and  territoriea 
divided?  Name  the  first;  the  second;  the  third;  the  fourth;  the  rifth. 
Where  are  the  head-quarters  of  the  army  ?  What  are  established  in  each  of 
these  departments  ? 

472.  What  is  the  duty  of  the  Secretary  of  the  Treasury?  His  salary! 
Where  are  th^  accounts  of  the  government  finally  settled  ? 


310  QUESTIONS. 

476.  >VTiat  are  done  with  claims  due  to  the  United  States  after  failure  oi 
refusal  to  pay? 

478.  What  other  important  officers  are  attached  to  this  department? 

479.  Of  what  officers  does  the  Light-house  Board  consist?  Who  is  presi- 
dent of  the  Board  ? 

480.  What  are  the  duties  of  the  Light-house  Board  ? 

482.  What  are  the  duties  of  the  Secretary  of  the  Navy  ? 

483.  What  bureaus  belong  to  the  Navy  Department? 

^84.  By  whom  is  the  chief  of  the  bureau  appointed?  Under  whose  author- 
Sly  are  the  duties  of  the  bureaus  performed  ? 

486.  What  are  the  duties  of  the  Postmastpr-general  ?    What  is  his  salary  ? 

487.  By  whom  is  he  aided?  By  whom  are  they  appointed?  Of  what  post- 
masters has  he  the  appointment?  What  postmasters  are  appointed  by  the 
President?     Who  fills  the  office  of  Postmaster-general  in  case  of  death,  &c. 

488.  How  often  does  the  Postmaster-general  render  his  account  ?  To  whom 
does  he  render  it?     When  is  the  revenue  rising  from  his  department  paid? 

489.  What  is  required  of  him  and  others  employed  in  that  department  pre- 
vious to  entering  on  the  duties  of  office  ?  What  is  required  of  the  varioua 
deputy  postmasters  ? 

491.  What  new  department  was  created  in  1849? 

492.  What  are  the  duties  of  the  Secretary  of  the  Interior  ?     His  salary  ? 

493.  What  are  the  bureaus  connected  with  the  Department  of  the  Interior? 

494.  What  other  duties  are  assigned  to  this  department  ? 
496.  What  are  the  duties  of  the  Attorney -general  ? 


CHAPTER  XIIL 

500.  Prior  to  the  adoption  of  the  Constitution,  had  the  people  of  the  United 
States  any  national  tribunal  ?  Where  was  the  administration  of  justice  con- 
fined ? 

607.  When  laws  became  necessary  to  secure  the  interests  of  the  Confede- 
«icy,  what  did  Congress  do  ?  What  was  one  of  the  objects  of  the  new  Con- 
^itution  ? 

608.  What  does  the  Constitution  establish  ? 

510.  How  long  do  the  judges  of  the  Supreme  and  inferior  courts  hold  their 
o  "ce?  Can  their  compensation  be  diminished?  What  is  the  object  of  these 
jjronsions  ?     How  can  the  judges  be  removed  from  office  ? 

611.  May  their  salary  be  increased? 

512.  Of  what  is  the  Supreme  Court  of  the  United  States  composed?  How 
many  8,  ssions  does  it  hold  annually?  How  many  constitute  a  quorum?  What 
Is  the  sa'ary  of  the  chief  justice  ?     Of  each  associate  judge  ? 

613.  Into  how  many  circuits  are  the  United  States  divided?  What  kind  of 
iourt  is  held  in  each  ?     Of  whom  is  it  composed?     How  often  is  it  held? 

514.  Into  what  other  divisions  are  they  divided  ?  What  are  the  court*  held 
in  these  divisions  called  ? 

515.  Who  appoints  the  clerk  of  the  court?  What  are  the  duties  of  the 
marshal  ?     "What  other  officer  is  there  in  each  district  ? 

517.  What  is  meant  by  the  original  jurisdiction  of  a  court?  How  is  appel- 
late jurisdiction  exercised?     When  is  it  concurrent?     When  exclusive? 

518.  In  what  cases  have  the  circuit  courts  original  jurisdiction  ? 

519.  In  what  have  the  district  courts? 

520.  There  are  nine  subjects  in  which  the  courts  of  United  States  have  juris- 
iictiw.  Name  the  first;  the  second;  the  third;  the  fourth;  the  fifth;  the 
•ixth;  the  seventh;  the  eighth;  the  ninth. 

523.  Repeat  the  amendment  to  this  clause. 


QUESTIONS.  311 

528.  What  is  the  name  of  the  court  established  by  Congress  in  February, 
1855  ?     Who  represents  the  government  before  the  court  ? 

529.  What  is  the  duty  of  this  court  ? 
Repeat  clause  3. 

531.  How  are  impeachments  tried?  What  is  a  jury?  Of  what  number 
ioes  the  jury  consist?     What  is  a  verdict? 

532.  Where  is  the  trial  l.r  crimes  to  be  held? 

633.  Where  if  they  are  not  committed  within  a  State  ? 
Repeat  clause  1,  sec.  3. 
'^    534.  Of  what  two  things  does  treason  consist? 

535.  What  is  le»ying  war?  If  war  be  actually  levied,  irho  are  corsidtrel 
as  traitors  ? 

536.  What  is  the  highest  crime  against  a  government? 

637    How  many  witnesses  are  necessary  in  order  to  convict  for  treason  ? 
Kepea:  clause  2. 

538.  What  is  the  punishment  for  treason  ?  What  is  the  duty  of  one  who 
has  knowledge  of  the  commission  of  treason  ?  What  is  a  knowledge  and 
concealment  of  treason,  without  assenting  to  it,  termed  ? 

539.  What  is  meant  by  becoming  attaint  ? 

540.  To  what  did  attainder  lead  ? 


CHAPTER  XIV. 

643.  WHA.Thas  the  Constitution  declared  in  regard  to  the  public  acts,  Ac.  of 
the  States? 

544.  What  is  the  mode  by  which  records,  &c:  should  be  authenticated  ? 

545.  How  are  records,  &c.  to  be  considered  when  thus  authe»icicat«d  ? 
Repeat  clause  1,  sec.  2. 

546.  Repeat  clause  2. 

548.  If  the  executive  authority  of  one  State  demand  a  fugitive  fjeovn 
justice  of  the  executive  authority  of  another  State,  what  is  the  duty  of  the 
latter  ? 

549.  What  course  does  the  executive  on  whom  the  requisition  is  made  gene- 
rally pursue  ? 

Repeat  clause  3. 

551.  Are  the  citizens  of  slave-holding  States  allowed  to  reclaim  their  slaves 
when  they  escape  into  other  States  ?  Are  fugitives  from  service  or  labour  freed 
when  they  flee  into  another  State  ? 

553.  Has  Congress  the  power  to  admit  new  States  into  the  Union  ?  What 
was  the  number  of  States  at  the  adoption  of  the  Constitution  ?  What  is  the 
number  at  present? 

554.  What  form  of  government  does  the  United  States  guarantee  to  every 
Blate  ?     When  are  the  territories  erected  into  States  ? 

555.  How  has  Congress  acquired  additional  territory? 

657.  To  what  body  is  the  care  of  the  public  property  intrusted  ? 

558.  The  title  of  the  United  States  to  public  land  is  derived  from  thre* 
iourees.     Name  the  first. 

559.  Name  the  second  source. 

561.  What  did  Congress  recommend  to  those  States  who  had  claims  to  th« 
Western  country  ? 

562.  What  did  Congress  resolve  with  regard  to  the  unappropriated  lands  ? 

563.  Does  the  United  Stages  own  the  soil  inhabited  by  the  Indians  ?  Wha* 
had  it  conceded  to  them?  How  has  their  right  of  occupancy  been  extinguished 
or  purchased?  What  is  done  beVe  the  public  lands  are  offered  for  sale? 
How  are  townships  subdivided  ? 


812  QUESTIONS. 

665.  How  ape  the  sections  numbered  ?    How  are  the  sections  again  divided 
For  what  purpose  are  certain  sections  reserved  in  each  territory  ? 

566.  Al'ter  the  lands  have  been  surveyed,  what  is  done? 

568.  For  what  purpose  were  land-offices  established  ?    What  is  a  grant  for 
land  termed  ? 

570.  What  officers  do  territorial  governments  include,  and  by  whom  are  they 
appointed  ? 

571.  What  is  required  of   the    territories  who   apply  for    admission   aa 
States  ? 

572.  How  many  organized  territories  are  there  at  present  ?    Name  them.     Is 
the  Indian  Territory  organized  ? 

573.  How  does   the    extent   of  our  country  compare  with   England   ani 
France  ?     How  much  less  than  the  area  of  all  Europe  ? 

Repeat  clause  4. 

574.  How  many  important  particulars  does  this   clause   contain  ?     Name 
them. 

575.  What  would  be  the  power  of  the  United  States  in  case  of  a  rebellion 
in  any  State  ? 

676,  Has  any  State  a  right  to  alter  its  constitution  ?    What  form  of  govern- 
ment must  it  adopt  ? 

577.  Is  the  United  States  bound  to  protect  each  State  from  invasion  ? 

578.  When  may  the  aid  of  the  United  States  be  solicited  by  any  State? 


CHAPTER  XV. 

680.  What  right  was  proclaimed  in  the  Declaration  of  Independence  and 
recognised  by  the  States  ?  What  does  Washington  declare  in  his  Farewell 
Address  ? 

581.  In  what  two  modes  may  amendments  be  proposed  ? 

582.  What  is  required  before  amendments  can  become  valid  ? 

684.  Has  Congress  power  to  amend  or  alter  the  sConstitution  ?  Is  the 
Approval  of  the  President  necessary? 

588.  Can  any  State  be  deprived  of  equal  suffrage  in  the  Senate? 
Repeat  clause  1,  Article  VI.     Repeat  clause  2. 

592.  Why  are  the  laws  of  the  federal  government  required  to  be  obeyed  by 
the  States  ? 

593.  What  constitute  the  supreme  law  of  the  land  ?  Can  the  States  disre- 
gard treaties  ? 

594.  If  an  act  of  Congress  be  contrary  to  the  Constitution,  is  it  a  supreme 
law  of  the  land  ? 

595.  What  are  the  judges  of  every  State  bound  to  by  the  Constitution  ? 

596.  What  is  the  law  if  an  act  of  Congress  should  be  contrary  to  the  Con 
gtitiltion  ? 

598.  How  are  senators,  «fcc.  bound  to  support  the  Constitution? 

599.  What  is  the  form  of  the  oath  or  affirmation?  How  is  the  oath  ad- 
ministered to  the  Speaker  of  the  House  of  Representatives?  How  to  the 
members  ? 

600.  Who  administers  the  oath  to  each  newly-elected  senator?  Who  to  th« 
President  of  the  Senate,  if  he  has  not  taken  it  before? 

602.  What  is  required  of  all  officers  employed  under  the  government  of  th« 
United  States  ? 

603.  What  other  important  provision  does  this  clause  contain  ?  What  was 
this  prohibition  intended  to  restrain  ? 

604.  Does  the  Constitution  establish  any  form  of  religious  worship  ? 


QUESTIONS.  313 

CHAPTER  XVI. 

609.  What  resolution  was  adopted  by  the  first  Congress,  t^^o-thirds  of  both 
b.mses  concurring? 

610.  How  many  of  these  articles  were  ratified? 
Repeat  Article  I. 

614.  Can  Congress  make  a  law  respecting  the  establishment  of  religion  ? 

615.  Does  the  Constitution  secure  religious  liberty? 

616.  What  is  considered  the  right  of  a  free  people? 

617.  Can  any  one  publish  his  sentiments  freely?  What  does  the  liberty  of 
ftpoech  not  justify  ? 

618.  Does  the  law  restrain  a  man  from  publishing  what  he  pleases? 

619.  Have  the  people  a  right  to  petition  government  for  redress? 

620.  In  what  way  must  it  be  exercised  ? 
Repeat  Article  II. 

622.  What  diminishes  the  necessity  of  maintaining  a  large  standing  arm/? 
Repeat  Article  III.;  Article  IV". 

624.  What  is  the  object  of  this  article  ? 

625.  How  far  does  thd  privilege  of  a  person's  house  extend? 

626.  What  is  a  search-warrant? 

628.  What  is  a  grand  jury  ?  How  are  they  selected  in  the  State  courts  ? 
In  the  Federal  courts  ?     What  must  be  their  number?     Their  duty  ? 

629.  What  is  said  of  their  sittings?  Who  is  the  prosecutor?  If  they  be- 
lieve the  evidence  sufficient,  what  do  they  endorse  on  the  bill  ?  What  is  then 
said  of  the  bill  ? 

630.  If  the  evidence  is  insufficient,  what  do  they  endorse  ?  When  is  a  bill 
Ignored  ?     How  is  an  indictment  founded?     What  is  a  presentment? 

631.  How  are  the  officers  in  service  in  the  -army  and  navy  tried?  What  are 
capital  crimes  ? 

632.  Can  a  person  be  tried  twice  for  the  same  offence  ? 

633.  Under  what  circumstances  ? 

634.  Must  a  person  be  witness  against  himself?  Can  he  be  questioned  aa 
to  his  guilt  or  innocence  ? 

636.  Can  private  property  be  taken  for  public  use  ?  What  is  the  right  of 
eminent  domain  ?     What  is  done  by  virtue  of  this  right  ? 

637.  What  reason  is  alleged  for  this  law  ?  What  is  the  check  upon  the 
exercise  of  this  law  ?     How  can  the  amount  of  compensation  be  ascertained  ? 

638.  Can  property  be  taken  by  government  for  private  uses  without  consent 
of  the  owner?  ^ 

Repeat  Article  VI. 

640.  Why  is  the  trial  of  an  accused  person  to  be  speedy  ?    Why  public  ? 

641.  How  is  the  impartiality  of  the  jury  secured? 

642.  Of  what  must  the  prisoner  be  informed  ? 
Repeat  Article  VII. 

644.  What  is  meant  by  common  law? 

655.  Can  a  fact  tried  by  a  jury  be  re-examined  in  any  court  of  the  United 
States  ?     What  is  the  exception  ? 

Repeat  Article  VIII. 

656.  What  is  meant  by  bail?  When  is  a  person  said  to  be  admitted  to 
i/ail? 

Repeat  Article  IX.;  Article  X. 


27 


INDEX. 


117. 


Absent  mombers,  83. 

Accounts  with  United  States,  194. 

Act  of  Congress,  when   it  goes  into 

effect,  99. 
Acts,  records,  Ac.  of  each  State  proved, 

219. 
Ad  valorem  duties,  104. 
Adams,  182. 

President  of  United  States,  22. 

Vice-President,  22. 
Adjournment  of  the  houses,  29. 
Affirmation  defined,  76. 

or  oath,  28. 
Age  of  representatives,  26,  59. 

senators,  72. 
Alien,  59. 

■widow  of,  when  a  citizen 
Aliens  and  foreigners,  168. 

obligations  of,  117. 
Ambassador,  servants  of,  180. 
Ambassadors,  40,  178. 

foreign,  179. 
Amendment  of  the  Constitution,  42,, 

48,  232. 
America  inhabited  when  colonized,  9. 
Appellate  jurisdiction,  210. 
Appointing  power,  175. 
Appointment  of  representatives,  66. 

rule  of,  103. 
Appointments  made  by  the  executive, 
71. 

temporary,  27,  180. 
Appointment,  how  to  constitute  a  fuUj 
176. 

power  of,  where  vested,  176. 
Appraisers,  106,  107. 
Armies,  32. 

money  for  use  of,  32. 

under  Confederation,  132. 
Constitution,  133. 
Armories,  national,  191. 
Army  and  navy,  undei  whom.  137. 
.314 


[Tliejlgurea  refer  to  thepagel 

Army,  head-quarters,*  192, 

standing,  263. 
Articles  of  confederation  adopted,  1(. 

completed,  15. 

revised,  20. 

unsatisfactory,  17. 
Assembly  of  delegates,  13. 
Asylum  for  the  insane  of  army  and 
navy,  135. 

naval,  135. 
Attorney-general,  201. 

appointment  of,,186. 

list  of,  202. 
Attainder,  218. 
Attendance  compelled,  81,  83. 
Auction  of  public  lands,  227. 
Authors,  rights  of,  32,  127,  128. 


Bail  defined,  254. 

excessive,  prohibited,  50,  254 
Bankrupt  law,  eflFect  of  a  general,  IISL 

its  power,  118. 

no  national,  119. 
Bankruptcies,  laws  on,  100,  115. 
Bankruptcy  and  insolvency,  118, 
Bills  become  law,  30,  98. 

engrossed,  95. 

enrolled,  96. 

fail  to  become  law,  96. 

for  raising  revenue,  92. 
origin  of,  30,  94. 

mode  of  passing,  94. 

objections  to,  93. 

of  attainder,  33,  149. 
defined,  143. 

of  credit,  148. 

of  indictment,  252. 

read  three  times,  96. 

reconsidered,  93. 

returned,  94. 

signed  by  whom,  97. 
Blonnt,  WiUiam,  76,  84. 


INDEX. 


315 


JJonded  wareb  use,  106. 
Booty  defined,  131. 
Boston,  blocking  up  harbour,  264. 
Bounty  lands  defined,  135. 
Bribery,  its  signification,  184. 

prohibited,  204. 
Bureaus  of  Navy  Department,  197. 

Cabinet,  186. 

Vice-President  not  a  member  of, 
186. 
Cabot  and  his  son  go  on  a  voyage  of 
discovery,  7. 
sail  along  the  American  coast,  7. 
claim  a  territory  for  the  king,  7. 
Capital  crimes,  248. 
Capitation,  102. 
Capture  defined,  131. 
Carolinas  became  Royal  governments, 

10. 
Catholic  religion  established  in  Que- 
bec, 264. 
Census,  62. 

mode  of  taking,  63. 
statistics,  63. 
Certificate,  protection,  112.  .    • 
Certificates  of  registry,  111. 
permanent,  112. 
temporary,  112. 
of  the  votes  of  electors,  166. 
Chaplain,  69. 

Charles  I.  erects  a  letter  ofiSce,  121. 
Charter     governments,     powers     and 
rights  of,  11. 
of  William  and  Mary,  11. 
Charters,  150. 

privileges  granted  by,  9. 
Chase,  Samuel,  77. 
Chesapeake  Bay,  navigation  of,  18. 
Chief  Justice,  President  of  the  Senate, 
when,  75. 
presides,  28. 
Chief  Justices  of  Supreme  Court,  list 

of,  208. 
Children  of  naturalized  persons,  citi- 
zens, 117. 
Circuit  Courts,  210. 
when  held,  209. 
Citizens  of  each  State,  privileges  of, 

41,  220. 
Civil  officers,  183. 
Claims,  court  of,  214. 

due  United  States,  194. 
Classification  of  senators,  27. 
Clerk  of  House,  duties  of,  69. 
Coasting  trade  defined,  111. 
Coast  survey,  194. 


Coinage  of  money,  119,  148. 
Coin,  regulation  of,  31. 
Coins,  value  of  foreign,  fixed,  120, 
Collection  districts,  108. 
Collector  of  port,  his  duties,  106. 
College,  electoral,  157. 
Colonies   affected    by  acts  of  Parlia- 
ment,  9. 

dependencies  of  England,  12. 

first  styled  United  States  of  Ame- 
rica, 14. 

form  a  union,  13. 

New  England,  unite,  13. 

no  right  to  form  alliances,  12. 

not  politically  connected,  12. 

original,  9. 

politically  distinct,  13. 

provincial,  names  of,  10. 
Colonists  emigrated  from  England,  11. 

encourage  religion,  printing,  Ac, 
12. 

established  provincial  legislatures, 
11. 

filled  with  the  spirit  of  liberty,  11. 

founded  schools  and  colleges,  11. 

not    represented    in   Parliament, 
.  262. 

rights  of  British  subjects,  11, 12. 
Columbia,  District  of,  where  situated, 

138. 
Commander-in-chief,  38,  172. 
Commerce,   Congress    has    power    to 
regulate,  113. 

defined,  113. 

regulation  of,  31,  163. 

under  the  Confederation,  113. 
Commission  defined,  176. 

of  King  of  England,  7. 
Commissioner  of  Customs,  194. 
*  Indian  Affairs,  201. 

Land  Office,  201. 

Patents,  125,  201. 

Pensions,  201. 
Committee  of  Conference,  96. 

the  States,  16,  155. 
its  power,  16. 
Common  laws,  suits  at,  50. 
Compensation    of    members   of   Con- 
gress, 29,  88,  89. 

President  of  Senate,  90. 
Concurrent  powers,  100. 
Confederate  government,  17. 
Confederation,  Articles  of,  15,  270. 

revision  of,  20. 

unsatisfactory,  17. 
Confidential  legislative  sessions,  85. 
Congress,  act  of,  goes  into  effect,  99 


316 


INDEX. 


Congress,  assembling,  of,  80. 

constitutional,  assembly  of  first,  22. 
Continental,  9. 

directed  the  war,  16. 
powers  not  defined,  17. 
can  separate,  how,  88. 
cannot  take  property  in  a  State, 

139. 
deliberations  of,  public,  85. 
divided  into  two  bodies,  55. 
has  power  to  borrow  money,  113. 
to  impose  taxes,  102. 
to  regulate  commerce,  113. 
to  amend  the  Constitution,2.j4. 
imposes  taxes  in  District  of  Co- 
lumbia, lO-l. 
territories,  104. 
legislates  over  certain  places,  33. 
library  of,  128. 
makes  necessary  laws,  140. 
members  of,  compensated,  29,  88, 
89. 

cannot  hold  office,  30. 
may  be  arrested,  29. 
privileges,  88. 
new,  58. 

number  of  sessions  of,  88. 
of  delegates,  13. 
officers  of  United  States  cannot  bo 

members  of,  91. 
place  of  convention,  81. 
power  of,  31,  100,  153. 
punishes  treason,  41. 
restrictions  upon,  141. 
shall  assemble,  when,  28,  88. 
special  sessions  of,  182. 
transmitted  plan  of  Constitution, 

21. 
what  it  includes,  56. 
Congressional  districts,  80. 
Connecticut,  governor  chosen  by  the 

freemen,  11. 
Consignee,  107. 
Consignor,  107. 

Constitution,  a  State  can  alter  its,  231. 
adopted,  20. 
and    the   laws  of   United   States 

supreme,  43. 
amendment  of,  42,  48,  232. 
Congress  cannot  amend,  234. 
debts,  before  its  adoption,  43. 
defined,  53. 

difficulties  in  its  formation,  20. 
final  clause  of,  240. 
how  resembles  Confederation,  70^ 
laid  before  Congress,  21. 
Jegal  operation  of  new,  22. 


Constitution,  objects   in    establishing 
54. 

of  United  States,  25. 

operations  under,  21. 

ratifications  of,  21. 

supported,  43. 

went  into  operation,  when,  58. 
Constitutional  Congress,  assembly  of 
first,  22. 

government,  18 
Constitutions    collected   from  ancient 

usages,  &c.,  53. 
Consuls,  40,  178. 

commercial  agents,  180. 

duties  of,  178. 
Continental  Congress,  9. 

directed  the  war,  16. 

first,  13. 

its  power,  16. 

tax  laid  by,  102. 
Contract  defined,  149. 

obligation  of,  149. 
Controversies,  40. 

between  citizens,  40. 
States,  40. 
Conventions    assembled    in    diSerenI 
States,  21.    . 

proceedings  of,  46. 
Conviction  on  impeachment,  28. 
Copyright  defined,  127. 

how  obtained,  127. 

notice  of,  128. 
Counterfeiting,  31. 

punishment  for,  121. 
Court,  Circuit,  209,  210. 

of  claims,  214. 

District,  209. 

Supreme,  207. 
Courts,  martial,  248. 

of  United  States,  judges  of,  39. 
Credit,  bills  of,  148. 
Crew-list,  112. 
Crimes,  capital,  49,  248. 

committed  on  the  high  seas,  216. 

denote  serious  ofi"ences,  184. 
Customs,  Commissioner  of,  194. 

Dartmouth  College,  150. 
Dates  of  ratification,  23. 
Debenture,  106. 

Debts  contracted  before  the  adoptios 
of  the  Constitution,  43. 

of  United  States,  235. 
Declaration  of  Independence,  14,  265. 

signers  of,  268. 

intentions,  116. 

rights,  9,  14,  260. 


^INDEX. 


317 


Declaration  oi  war,  32. 
Delegates  appointed,  20. 
assembly  of,  13. 
congress  of,  13. 
how  chosen,  15. 
number  of,  19. 
Deliberations  of  Congress  open  to  the 

public,  85. 
Department,  executive,  186. 
of  the  East,  191. 
Interior,  186. 
Navy,  186,  196. 
New  Mexico,  191. 
Pacific,  191. 
Post-office,  186,  198. 
State,  186. 
Texas,  191. 
Treasury,  186.  . 
War,  186. 
West,  191. 
Departments  of  government,  55. 
Diagram    showing    the    comparative 

population,  64. 
Direct  tax,  33,  61. 

apportioned,  26,  61. 
Discovery  of  a  country  gives  the  right 
of  possession,  8. 
right  of,  7. 

titles  derived  from,  8. 
District  Courts,  209. 

of  Columbia,  138. 
Districts,  collection,  108. 

congressional,  80. 
Divisions,  military,  of  United  States, 

191. 
Drawback,  105. 
Duties,  ad  valorem,  104. 
collected,  108. 
defined,  101. 
net  produce  of,  34 
of  Clerk  of  House,  69. 
Sergeant-at-arms,  69. 
imports,  104. 
•Son  n  age,  104. 
specific,  104. 
uniform,  101. 
who  paid  by,  105. 

Election  contested,  82. 

of  President,  155. 

writs  of,  69.  _ 
Elections  held  in  several  States,  22. 

modes  of,  80. 

regulations  of,  79. 

times  of  holding,  28. 
Electoral  college,  157. 

votes  counted,  22. 


Electors,  35. 

certificates  of,  166. 

how  appointed,  157. 

number  of,  167. 

qualifications  of,  25. 

shall  meet,  where,  51. 

place  of  meeting,  166. 

time  of  appointing,  21. 

vote  for  President,  22. 

votes  of,  when  given,  156. 

when  elected,  166. 

who  may  be,  35. 

who  prohibited  from  being,  157. 
Embargo  defined,  114. 
England  has  no  written  Constitution^ 
63. 

King  of,  not  answerable,  184. 
Enlistments,  133. 
Entry,  port  of,  108. 
Enumeration    of    free     persons    and 

others,  20. 
Equality,  political,  146. 
Examiners,  125. 
Excises  defined,  102. 
Executive  departments,  186. 

power,  155. 

where  vested,  35. 

sessions,  85. 
Exportations  from  any  State  not  tax- 
able, 144. 
Ex  post  facto  laws  defined,  143,  149. 

prohibited,  144. 

Faith  given  to  the  public  acts  of  each 

State,  41. 
Farewell  Address,  233. 
Fidelity  to  the  Constitution,  238. 
Fines,  excessive,  60. 

prohibited,  254. 
Fisheries,  114. 
Forces,  land  and  naval,  32. 

government  of,  136. 
Foreign  ambassadors,  179. 

ministers,  credentials  of,  182. 
Forfeiture  for  treason,  when,  41. 
Franking  privilege  defined,  123. 
Fraud  suspected,  107. 
Freedom  of  speech  and  press,  48. 
Fugitives,    form    of    requisition     o^ 
221. 

trial  of,  221. 

from  justice,  41,  220. 
labour,  222. 
Fulton,  Robert,  114. 

George  L,  statute  of,  81. 
Gifts  of  foreign  princes,  147. 


27* 


318 


INDEX. 


Gold  ana  silver  may  be  coined  at  the 

mint,  120. 
9Qods,  landing  and  shipping  of,  261. 
Goveininent  cannot  be  sued,  146. 

Confederate,  17. 

Constitutional,  18. 

departments  of,  55. 

proprietary,  10. 

republican  form  of,  42. 

royal  or  provincial,  10. 

revolutionary,  17. 

seat  of,  how  governed,  138. 

territorial,  228. 
Governor  of  Massachusetts  appointed 
by  the  king,  11. 

provincial,  10. 
Grand  jury,  247. 

indictment  of,  247. 

presentment  by,  49. 
Gratuitous  pensions,  135. 
Grievances,  redress  of,  244. 

Habeas  corpus,  writ  of,  defined,  142. 
directed  to  whom,  143. 
suspended,  143. 
Harper's  Ferry,  191. 
Heads  of  Departments,  187. 
High  seas,  include  what,  129. 
Highways,  turnpiltes,  «fcc.,  250. 
Hospital,  navy,  134. 

how  maintained,  134. 
House,  adjournment  of,  during  session, 
29. 
journal  of  each,  85. 
judge  of  its  members,  28. 
majority  of  each  a  quorum,  28. 
of  Representatives,  how  composed, 
2b. 

power  to  impeach,  75. 
Speaker  of,  69. 

Ignoramus,  248. 
Impeachment,  conviction  on,  28. 

defined,  75. 

for  treason,  77. 

judge  of  Supreme  Court  liable,  76. 

judgraen    in  cases  of,  28,  77. 

object  of,  173. 

power  of,  27,  183. 

trial  in  case  of,  76,  78. 

tried  by  the  Senate,  28. 
Imposts  defined,  101. 

uniform  in  United  States,  151. 
Independence,  Declaration  of,  14,  265. 
Indian  Territory,  229. 
Indians,  26, 

Affairs,  Commissioner  of,  20X. 


Indians,  fiee,  when,  61. 

treaties  with,  226. 

under  Confederation,  115. 
Constitution,  115. 
Indictment,  what  founded  on,  248, 
Indirect  tax,  61. 

Inhabitants,    original,   their    restric- 
tions, 8. 
Inhabited  country,  laws  of,  9. 
Insane  of  army  and  navy,  135. 
Insolvent  law,  its  power,  118. 
Inspection  laws,  34. 

defined,  152. 

object  of,  152. 
Interior,  Department  of,  186. 
Invalid  pensions,  135. 
Inventors,  rights  of,  32. 
Invoice  defined,  106. 

Jefferson's  the  first  written  message, 

182. 
Journal,  29. 

kept  by  each  House,  85. 

object  of,  85. 

regularly  published,  86. 
Judge  of  Supreme  Court  liable  to  im- 
peachment, .76. 

salary  of,  206. 
Judges  of  Courts  of  United  States,  39. 
Judicial  power,  39,  206,  212. 

of  United  States  51. 

vested  where,  39,  206. 
Judgment  in  cases   of  impeachment, 

28. 
Jurisdiction  appellate,  210. 

concurrent,  210. 

exclusive,  210. 

original,  210. 
Jurors  challenged,  252. 
Jury  defined,  215. 

trial  by,  40,  215. 

King  of  England,  commission  of,  1. 

Land  Office,  Commissioner  of,  201. 

established,  228. 
officers  of,  228. 
Laws,  enactment  iff,  92. 
in  a  new  country,  9. 
of  an  inhabited  country,  9. 

uninhabited,  9. 
England,  those  of  New  Wf  rid,  9. 
nations,  32. 

how  understood,  130. 

ofler.ces  against,  130. 
on  bankruptcies,  100. 
rules  for  enacting,  94. 


INDEX. 


319 


Legal  operation  of  new  Constitution, 
22. 
tender  of  the  States,  149. 
Legislation  over  seat  of  government, 

33. 
Legislative  power  vested  in  Congress, 

25,  55. 
Legislature  of  New  York,  instructions 
of,  19. 
Virginia,  commissioners,  18. 
Letter  office  erected  by  Charles  I.,  121. 
Letters  of  marque,  32. 
and  reprisal,  148. 
defined,  131. 
patent,  125. 
Levying  war,  216. 
Liberty,  262. 

of  speech  and  press,  243. 
Lighthouse  Board,  195. 
List  of  Chief  Justices,  208. 
Livingston,  Robert  R.,  114. 
Lord  Baltimore  a  proprietary,  10. 
Lord,  English,  may  vote  by  proxy,  87. 

Mails,  how  carried,  122. 

Majority  of  each  house  a  quorum,  28. 

Manifest  defined,  107. 

must  be  signed  by  whom,  107. 
Manuscript  records,  86. 
Marque  and  reprisal,  148. 
defined,  131. 
letters  of,  32. 
Marshals  of  the  United  States,  63. 
Massachusetts,  governor  appointed  by 

the  king,  11. 
Members,  attendance  of,  compelled,  83. 
caiinot  be  questioned,  91. 
of  Congress  cannot  vote  by  proxy, 
87. 

privileges  of,  90. 
limited,  91. 
House,  how  chosen,  25,  56. 
Parliament,  term  of,  58. 
Message,  origin  of  President's,  181. 
Migration  or  importation,  33. 
Military  divisions   of  United    States, 

191. 
Militia,  32,  136,  173. 

Congress  calls  fnrth,  136. 
organizing  of,  32. 

provision  for,  137. 
training  of,  32,  137. 
Mint,  branches  of,  where,  120. 

gold  and  silver  coined  at,  120. 
officers  of,  1 1 9. 

of  United  States  at  Philadelphia, 
120. 


Misdemennors,  184. 
Misprision  of  treason,  218. 
Money  bills,  93. 

borrowed  by  United  States,  31. 

coinage  of,  119,  148. 

Congress   has  power   to   borrow 

113. 
for  the  use  of  armies,  32. 
when   drawn  from  the  Treasury; 
34. 
Mother-country,  power  of,  weakened, 
12. 

National  armories,  191. 

tribunal,  206. 
Nations,  law  of,  32. 
Naturalization  defined,  115. 

rule  of,  115. 

oinder  Confederation,  115. 
Constitution,  116. 
Naval  asylum,  135. 
Navy,  32. 

Department  of,  186. 

hospitals,  134. 
Navy,  its  use,  133. 

origin,  134. 
New  England  unites  for  defence,  16. 

Jersey  became  a    royal    govern, 
ment,  10. 

Mexico,  Department  of,  191. 

States,  how  admitted,  223. 
Nobility,  no  titles  of,  granted,  146. 

United  States  cannot  grant  titles, 
151. 
Nomination  not  an  appointment,  176. 
North  Carolina,  ratification  of,  22. 

Oath  administered  to  Washington,  22. 

of  officers  of  army,  133. 

President,  37,  171. 

or  affirmation,  28. 

to  support  Constitution,  238. 
Objects   in  establishing  the  Constitu- 
tion, 54. 
Office,  removal  from,  28. 
Officers,  civil,  183. 

of  army  or  navy,  183. 

House  of  Representatives,  69. 

Land  Office,  228. 

Mint,  119. 

Senate,  74. 

United  States  cannot  be  member 
of  Congress,  91. 
Operations  under  the  Constitution,  21. 
Organized  territories,  66. 
Origin  of   title    to  An  erica  by    Eng- 
land, 7. 


820 


INDEX. 


Original  colonies,  9. 

inhabitants,  8. 

jurisdiction,  210.  . 
Orleans   and   Louisiana,  territory    of, 

224. 

Pacific,  Department  of  the,  191. 
Pardon  defined,  1 73. 

power  of,  withheld  from  the  Presi- 
dent, 173. 
Pardoning  power,  its  extent,  173. 
Parliament,  acts  of,  9,  263. 

adjourned  by  the  king,  87. 

assembles,  how,  80. 

formerly  assembled  annually,  81. 

members    of,    not    compensated, 
89. 

no  act  of,  unconstitutional,  53. 

term  of  members  of,  58. 

■what  it  consists  of,  65. 
Passports,  188. 
Patent,  228. 

defined,  126. 

Commissioner  of,  201. 

cost  of,  127. 

may  be  extended,  127. 
Paijpntee  must  furnish  a  model,  126. 
Peck,  James  H.,  77. 
Peers,  trial  by  their,  a  right,  262. 
Penn,  William,  a  proprietary,  10. 
Pensions,  Commissioner  of,  201. 

defined,  135. 

gratuitous,  135. 

invalid,  135. 
People,  rights  of,  49. 

to  bear  arms,  48. 
Petitions,  how  presented,  244. 

right  of,  244. 
Pickering,  John,  77. 
Piracies,  32. 

punishment  of,  128. 

under  the  Confederation,  129. 
Constitution,  129. 
Pirate,  how  regarded,  129. 

who  deemed  a,  130. 
Piracy  defined,  129. 
poll-tax,  102. 
Port  of  entry,  108. 
Postmaster-general,  122. 

duties  of,  198. 

list  of,  200. 

salary,  199. 
Postmasters  appointed  by  Postmaster- 
general,  123. 
President,  123. 

duties  of,  formerly,  121. 

rates  of  commission  of,  123. 


Post-office  Department,  186,  198. 
established  in  England,  121. 

by  Prideaux,  121. 
present  system  of,  121. 
United  States,  directed  by  whom, 
122. 
Post-offices  and  post-roads,  31. 

established,  121. 
Post-roads,  what  considered  as,  124. 
Posts  established  in  modern  Europe 
121. 
original  designation  of,  121. 
Potomac  and  Pocomoke  rivers,  18.  . 
Power,  executive,  155. 

vested  in  President,  156. 
judicial,  39,  206,  212. 
where  vested,  206. 
United  States,  39,  51. 
of  Congress,  31. 
each  house,  83. 

to  punish  members,  84. 
impeachment,  27. 
President,  38. 
States,  50. 
taxation,  100. 
Powers  concurrent,  100. 

vested  in  Congress,  100. 
Preamble  of  Constitution,  54. 
Presentment,  248. 
Preference,  none  given  to  any  State, 

145. 
President  answerable  for  misconduct, 
184. 
can  fill  vacancies,  180. 
commander-in-chief,  38,  172. 
commissions  all  officers,  183. 
compensation  of,  171. 
duration  of  his  term,  35. 
duties  of,  devolve  on  Vice  Presl- 

dent,  76. 
election  of,  155. 
electors  vote  for,  22. 
how  elected,  36,  159,  162. 
list  of,  185. 

liable  to  impeachment,  39,  184. 
nmy  convene  Congress,  81. 
message,  origin  of,  181. 
oath  of,  37,  171. 
of  Senate,  compensation  of,  90. 
not  member  of  Senate,  74. 
pro  tempore,  170. 
vote  of,  27. 
who,  27. 
power  of,  38. 

private  citizen,  when,  184. 
pro  tempore,  27. 
qualifications  of,  37,  168. 


INDEX. 


321 


President,  removal  of,  37. 

salary  of,  37. 

testimony  of,  184. 

time  to  vote  for,  21. 

voted  for,  51. 

■who  eligible  for,  37. 
Presidential  term,  156. 

commencement  of,  156. 

expiration  of,  156. 
Press,  freedom  of,  48. 
Prideaux,  Edward,  institutes  a  post- 
office,  121. 
Primogeniture,  law  of,  abolished,  12. 
Privileges  of  citizens  of  each  State,  41. 

members  of  Congress,  88. 
Prize  defined,  131. 
Prizes,  proceeds  of,  how  distributed, 

132. 
Proceedings  of  the  Convention,  46. 

each  house  determined,  29. 
Property,  how  purchased  by  Congress, 
139. 

private,  250, 

public,  224. 
Proprietaries,  10. 

their  power,  10. 
Proprietary  governments,  10. 
Protection  certificate,  112. 
Provincial  colonies,  names  of,  10. 

governments,  10. 
Public  lands,  auction  of,  227. 

disposed  of  by  Congress,  226. 
survey  of,  227. 

ministers,  177. 

officers   cannot  receive   presents, 
146. 
Punishment  for  treason,  78. 

Qualifications  of  a  representative, 

69. 
Quarantine  defined,  114. 
Quartering  of  soldiers  prohibited,  245. 
Questions,  how  decided,  16. 
Quorum,  81,  83. 

majority  of  each  house,  a,  28. 

Randolpft,  Peyton,  first  president  of 

Congress,  14. 
Ratification,  dates  of,  2.S. 

of  Constitution,  21. 

North  Carolina,  22. 

Rhode  Island,  22. 
Rntio  of  representation,  67. 
Reconsideration  of  bills,  93. 
R©}ords,  Ac.  authenticated,  to  receive 
faith  and  credit,  220. 

manuscript,  86. 


Records  of  States,  authenticated,  219. 
Register,  to  obtain  a.  111. 
Registered  vessel,  privileges  of  a,  111, 
Registry,  certificates  of.  111. 
permanent,  112. 
temporary,  112. 

of  a  vessel,  110. 
Regulation  of  coin,  31. 

commerce,  31. 
Religion,  free  exercise  of,  242. 
Religious  liberty  secured,  243. 

test  not  required,  239. 
Removal,  &c.  of  the  President,  37. 

from  office,  28. 

power  of,  vested  in  President,  176 
Representation,  ratio  of,  67. 

vacancies  in,  26. 
Representative  population,  61,  62. 

removal  of  residence  of,  60. 

seven  years  a  citizen,  26. 
Representatives,  age  of,  26,  59. 

apportioned,  26. 

first  House  of,  65. 

for  each  State,  66. 

House  of,  choose  Speaker,  27. 

must  reside,  where,  26. 

number  of,  26,  60. 
increased,  65. 

one  for  each  State,  26,  65. 

qualifications  for,  69. 

term  of,  68. 

whole  number  of,  67. 
Reprieve  defined,  173. 
Reprisal  defined,  131. 
Republican  form  of  government,  42. 
Resignation,  vacancies  by,  27. 
Restrictions  upon  Congress,  141. 

Senate,  147. 
Retrospective,  or  retroactive  laws  de- 
fined, 151. 
Revenue,  bills  for  raising,  92. 

originate,  where,  30. 

cutters,  110. 
use  of,  110. 
Revolutionary  government,  17. 
Rhode  Island,  governor  chosen  by  th« 
freemen,  11. 

ratification  of,  22. 
Right  of  discovery,  7. 

eminent  domain,  250. 

petition,  244. 

of  colonies,  263. 

to  bear  arms,  245. 
Rights,  Declaration  of,  9,  14, 

of  authors,  32. 

inventors,  32. 

the  people,  49,  50. 


322 


INDEX. 


Robbery  at  sea,  129. 
Rome,  census  of,  62. 
Rule  of  apportionment,  103. 

uniformity,  103. 
Rules  determined  by  each  house,  83. 

for  land  and  naval  forces,  32. 

Sal  ART  of  Judges  of  Supreme  Court, 

206. 
President,  37,  171. 
Secretary  of  Navy,  196. 
State,  188. 
Treasury,  193. 
War,  190. 
"Vice-President,  171. 
fichools,  land  reserved  for,  227. 
Science  and  useful  arts,  31. 
Seamen,  invalid,  provided  for,  135. 
Search-warrant,  246. 
Seas,  crime  committed  on,  216. 
Seat  of  government  at  Washington,138. 
governed  by  Congress,  138. 
former,  139. 
S«oretari«?s  of  Interior,  list  of,  201. 
Navy,  197. 
State,  189. 
Treasury,  194. 
War,  192. 
Secretary  of  Interior,  66,  200. 
salary,  201. 
Navy,  duty  of,  196. 

salary,  196. 
State,  duties  of,  187. 

salary,  188. 
Treasury,  duties  of,  193. 

salary,  193. 

War,  duties  of,  190. 

salary,  190. 

Sections  of  land,  227. 

Senate  changed  graduany,  71. 

Chief  Justice, when  president  of,76. 

elective,  93. 

elects  its  president,  74. 

not  permanent  and  hereditary,  93. 

officers  of,  how  chosen,  74. 

of  United  States,  70. 

how  composed,  27. 
on  oath  or  affirmation,  28. 
president  of,  not  a  member  of,  74. 

who,  27. 
restrictions  upon,  147. 
tries  impeachments,  28^  75. 
Vice-President,  president  of,  73. 
when  powers  of  suspended,  71. 
Senator,  qualifications  of,  72. 

required  residence  of,  27,  72. 
term  of  citizenship,  27,  72. 


Senator,  vote  of,  27. 

Senators,  act  under  oath,  when,  76. 

age  of,  27,  72. 

classification  of,  27,  71. 

how  chosen,  27,  70. 
Sergeant-at-arms,  duties  of,  69. 
Servants  of  ambassador,  180. 
Sessions,  confidential  legislative,  85. 

executive,  85. 
Slave-holding  States,  234. 

trade  a  piracy,  130,  141. 
Slavery,  no  nation  bound  to  recognise, 

222. 
Slaves,  portion  of,  included,  62. 

runaway,  reclaimed,  222. 
Smithsonian  Institute,  128. 
Soldiers  shall  not  be  quartered,  where, 

49. 
Sole  power  of  taxation,  13. 
Solicitor  of  the  Treasury,  194. 
Sovereignty  of  each  State  retained,  15. 
Speaker  of  House  of  Commons,  69. 
RepFesentatives,  69,  74. 

presiding  officer,  69. 
Special  sessions  of  Congress,  182 
Specific  duties,  104. 
Specification  defined,  126. 
Springfield,  191. 
State,  Department  of,  186. 
States,  admission  of  new,  41. 

cannot  declare  war,  154. 

enter  into  treaties,  147. 
lay  taxes,  what,  151. 

committee  of,  155. 

eighteen  new,  223. 

elections  held  in  several,  22. 

faith  given  to  public  acts,  41. 

formation  of  new,  42. 

majority  of,  not  represented,  20. 

number  of  original,  223. 
Suffrage,  equal,  235. 
Supreme  Court,  207. 

judges  of,  173. 

of  United  States,  208. 
Suits  at  common  law,  50. 
Survey  of  public  lands,  227. 
Surveyor  of  the  port,  109. 

Tablk  showing  distribution  of  reprd- 

sentatives,  68. 
Tariff,  106. 
Tax  defined,  61. 
direct,  61. 

how  laid,  33. 

in  proportion  to  census,  144. 
indirect,  61. 
OQ  migration  or  importation,  141 


INDEX. 


323 


Taxation,  basis  of,  61. 

sole  power  of,  13. 
Taxations,    illustration    of    different, 

103. 
Taxes,  direct,  apportioned,  26. 

imposition  of,  31. 

laws  with  regard  to,  152. 

of  two  kinds,  61. 

power  to  lay,  100. 

under  Confederation,  102. 

unequal  distribution  of,  prevented, 
144. 

uniform    throughout   the    United 
States,  31. 
Temporary  appointments,  27,  180. 
Ten  articles  ratified,  241. 
Tender,  legal,  of  the  States,  149. 
Term  of  representatives/  58. 

presidential,  156. 

commences,  156. 
expires,  156. 
Territorial  governments,  228. 
Territories,  how  erected  into  States, 
223. 

organized,  66,  229. 

represented,  66. 

subject  to  taxation,  104. 
Territory    belonging    to    the    United 
States,  224. 

how  acquired,  223. 

of  United  States,  42. 
Texas,  Department  of,  191. 
Thirteen  States  form  a  league,  15. 
Thomson,  Charles,  first  Secretary  of 

Congress,  14. 
Time  for  appointing  electors,  21. 

to  vote  for  President,  21 , 
Times  and  places  of  holding  eloctions, 

28,  79. 
Title  to  this  country,  7,  8. 

descended  to  us,  8. 

depended,  7. 
Titles  derived  from  discovery,  8. 

none  granted,  146,  161. 

to  lands  in  unknown  countries,  8. 
Tonnage  defined,  104. 

duties  on,  104. 
Townships,  subdivided,  227. 
Trade,  coasting,  defined.  111. 
Training  of  militia,  32. 
Treason,  40,  216. 

impeachment  for,  77. 

misprision  of,  218. 

of  what  it  consists,  216. 

punishment,  41,  78,  217. 

person  convicted  of,  40. 
treasury,  accounts  of,  145. 


j  Treasury,  accounts,  how  kept,  145. 
Department  of,  186. 
organized,  193. 
list  of  Secretaries,  194. 
money  drawn  when,  and  what,  34, 

145. 
money  in,  belongs  to  the  people, 

145. 
Solicitor  of,  194. 
Treaties,  right  to  make,  131. 

supreme  law  of  the  land,  236. 
with  Indians,  226. 

foreign  powers,  224. 
who  formed  by,  174. 
Treaty  defined,  174. 

making  power,  where  vested,  1 47. 
ratification  of,  175. 
Trial  by  jury,  40,  49,  215. 

speedy,  215. 
Trials  for  impeachment,  76. 
Tribunals,  32. 
True  bill,  248. 
Turnpikes,  laws  respecting,  115. 

Uniformity,  rule  of,  103. 
Uninhabited  countries  belong  to  whom, 
■8. 

laws  of,  9. 
Union,  colonies  form  a,  13. 
United  colonies  of  New  England,  13. 
United  States,  expenses  of,  61. 

extent  of,  229. 

of  America,  Colonies  first  gtyled, 
14. 

Senate  of,  70. 
Unregistered  vessels,  112. 

Vacancies  by  resignation,  27. 
^  filled  by  governor,  72. 
legislature,  72. 

in  representation,  26,  69. 

Senate,  how  filled,  71. 

President  can  fill,  what,  180. 
Vacancy,    governor    cannot    fill    on© 

which  will  happen,  72. 
Verdict,  defined,  216. 
Vessel,  privileges  of  a  registered,  111. 

registry  of  a,  110. 
Vessels  forming  our  first  naval  force^ 
134. 

of  United  States,  what  are,  110. 

unregistered,  112. 
Veto,  97. 

its  object,  98. 

of  the  President  qualified,  97. 
Vice-consul,  178. 
Vice-President,  term  of,  35. 


824 


INDEX. 


^'^'ice-Prcsident,    duties    of   President, 
when  devolve  on,  76,  109. 

how  elected,  36,  160,  163. 

impeached,  when,  39. 

list  of,  185. 

office  of,  why  created,  157. 

President  of  Senate,  27,  73,  157. 

vacates  his  chair,  when,  74. 

voted  for,  51. 

when  entitled  to  vote,  73. 
Virginia  and  Maryland  appoint  com- 
missioners, 18. 

first  appoints  delegates,  19. 

legislature   appoints  commission- 
ers, 18. 
Vote  of  President  of  Senate,  27. 

Senator,  27. 
Voters  qualifications  of,  57. 
V^otes  determined  by  yeas  and  nays,  94. 

electoral,  22. 

electors,  when  given,  156. 

under  Confederation,  71. 
'^  --uti.fion.  71. 


Washington,  182. 

and  Georgetown,  139. 

first  President,  22. 

his  example,  156. 

Farewell  Address,  279. 

took  the  oath,  22. 
War,  Congress  declares,  131. 

declaration  of,  32. 

Department  of,  186. 

expenses  of,  16. 

King  of  England  declares,  13L 

levying  of,  216. 
Warehouse,  bonded,  106. 
Warrants,  246. 

of  search,  49. 
Weights  and  measures,  31,  120. 
William  and  Mary,  act  of,  81. 

charter  granted  by,  11. 
Writ  defined,  142. 
Writs  of  election,  69. 

Yeas  and  nays,  85,  86. 
entered,  when,  29, 


THE   END. 


•tJCiiKoTtPKD  BT  L.  jomrsoM  .k 

FUiJjU/£I.PHIA. 


2600 


RETURN 

LOAN  PERIOD  1 
-    1  MONTH 


EDUCATION-PSYCHOLOGY  LIBRARY 


olman  Ha 


642-4209 


ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

2-  hour  books  must  be  renewed  in  person 

Return  to  desk  from  which  borrowed 


DUE  AS  STAMPED  BELOW 

APR  11  1933 

REC'D   MAY  it'  bU 

r-j 

^ 

UNIVERSITY  OF  CALIFORNIA,  BERKELEY 

FORM  NO.  DDIO,  10m,  1  1/78       BERKELEY,  CA  94720 

(g)$ 


YB  3 


JK 
M69920       Z  2  I 

ss 


EDVC. 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


